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COA Says Spoliation Isn't A Basis For Sanctions

By Sean E. Andrussier

Today in a case from the Industrial Commission the COA held that while spoliation of evidence can have evidentiary consequences (it can give rise to an adverse inference instruction), it is not itself a basis for sanctions in the absence of other independent statutory or rule violations authorizing the imposition of sanctions. The case is Holloway v. Tyson Foods, Inc.

Full post as published by North Carolina Appellate Blog on November 04, 2008 (boomark / email).