Legal Opinion
Cook v. Children's National Medical Center
District Court, District of Columbia
Decided September 13, 2011No. Civil Action No. 2010-0937PublishedCited by 4 opinions
1Opinion of the Court
OPINION
PAUL L. FRIEDMAN, District Judge.
In Holmes v. Amerex Rent-A-Car, 710 A.2d 846 (D.C.1998), the District of Columbia Court of Appeals recognized a new, independent tort: negligent or reckless spoliation of evidence. See Holmes v. Amerex Rent-A-Car, 710 A.2d at 847-48; see also Mazloum v. District of Columbia Metro. Police Dep’t, 522 F.Supp.2d 24, 55 (D.D.C.2007). That tort permits a plaintiff to recover against a defendant who “negligently or recklessly destroyed or allowed to be destroyed evidence that would have assisted the plaintiff in pursuing a claim against a third party.” Holmes…
2Cases cited20 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Erickson v. PardusSupreme Court of the United States · 2007
- Conley v. GibsonSupreme Court of the United States · 1957
- Charles Kowal v. MCI Communications CorporationCourt of Appeals for the D.C. Circuit · 1994
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3Cited by4 opinions
- North v. Smarsh, Inc.District Court, District of Columbia · 2015
- Lawrence v. Renaissance Hotel Operating Company, Inc.District Court, District of Columbia · 2024
- McCrea v. District of ColumbiaDistrict Court, District of Columbia · 2021
- Park v. BenderDistrict Court, District of Columbia · 2022