Jannell Williams v. Werner Enterprises, Inc.

Justice KETCHUM:

The tort of intentional spoliation of evidence requires a plaintiff to prove that a defendant had “knowledge” of a pending or potential civil action, at the time that the defendant disposed of evidence vital to the plaintiffs action.

In this appeal from the Circuit Court of Ohio County, the circuit court granted summary judgment and dismissed two plaintiffs’ claims that the defendant intentionally spoliated evidence vital to a product liability action by the plaintiffs. The circuit court determined that there was no indication whatsoever in the record to establish the defendant…