Online Companion: Legal Research
Client suffered serious injuries at work when she fell 30 feet off a conveyor
designed to carry employees from one work level to another. She was injured
when the conveyor malfunctioned and failed to stop when she reached the top
of the lift. The conveyor had been in use for 25 years, and her employer replaced
it the day after the accident. The employer dismantled the conveyor and disposed
of many of the important parts. It appears that the employer intentionally disposed
of the parts. The disposal of these parts may prejudice the client’s ability
to recover in any product liability lawsuits against the corporations involved
in the manufacture, distribution, inspection, or servicing of the conveyor.
The following questions are designed to determine whether there is a possible
cause of action against the employer for disposing of the conveyor parts and
thus frustrating any tort claims against the manufacturers, distributors, and
such of the conveyors. In essence, the actions of the employer involve interference
with property rights (the right to bring a lawsuit) and the spoiling of evidence.
A. What section of Am. Jur. 2d addresses this topic?
B. Give the citation to a 1987 Kansas case that addresses this topic.
C. Locate a 2000 A.B.A. Journal article on the destruction of evidence.
Refer to the treatise The Law of Torts by Dobbs. In regard to Malicious Prosecution
and the institution of criminal proceedings, does a complaint to authorities
that does not result in an arrest, indictment, or information constitute the
initiation of criminal proceedings?
Refer to the treatise The Law of Torts by Dobbs. In what section is Harrison
v. Middlesex Water Co. discussed?
Refer to Web Assignment 1. Locate an A.L.R. citation that discusses interfering
with a potential civil action through destroying or spoiling evidence.
Refer to the A.L.R. citation located in Assignment 1. Does the state of Arizona
recognize spoliation of evidence as a separate tort? Which Arizona court decision
answers this question?
Which A.L.R. federal annotations discuss the case of Rios v. Butz, 427 F. Supp.
534 (N.D. Cal. 1976)?
A. Which Am. Jur. 2d title and section addresses 42 U.S.C.A. § 12101(A)?
B. What is the purpose of the act?
Refer to the 10th Decennial Digest. What is the title and number of the torts
key number that addresses the destruction or spoiling of evidence?
Refer to the General Digest 10th series. Under which digest topics and key numbers
is the case of Hester v. State, 251 Ga. App. 627, 555 S.E.2d 13 (2001)?
Refer to Shepard’s Federal Citations. Which Federal Reporter 3d case follows
United States v. Schuman, 127 F.3d 815 (9th Cir. 1997)?
Refer to Shepard’s Pacific Reporter Citations. Which A.L.R. annotation
is referenced in regard to Gilson v. State, 8 P.3d 883 (Okla. Crim. App. 2000)?