Brobbey v. ENTERPRISE LEASING OF CHICAGO

PRESIDING JUSTICE TOOMIN

delivered the opinion of the court:

In this appeal, we determine whether a defendant, in response to a claim of spoliation, may disclaim the duty to preserve evidence by simply providing notice to plaintiffs of its availability for inspection prior to disposal. Plaintiffs initially brought the action below premised upon claims of strict liability and negligence for injuries sustained in the operation of a van they rented from defendant, Enterprise Leasing Company of Chicago. The accident allegedly was caused by the van’s failure to operate in a normal manner due to a…