Pirocchi v. Liberty Mutual Insurance Co.

MEMORANDUM AND ORDER

FOGEL, District Judge.

This action against Liberty Mutual Insurance Company (Liberty Mutual), the Workmen’s Compensation insurance carrier of plaintiff Alfred Pirocchi’s employer, requires us to determine the nature and scope of the duty, if any, owed to a claimant who asserts that the failure to preserve physical evidence has destroyed his cause of action against a third party.

Defendant Liberty Mutual seeks a judgment in its favor under Rule 56 of the Federal Rules of Civil Procedure, based on the record now before us, which includes the pleadings, affidavits and…