SEMO Services, Inc. v. BNSF Railway Company (2022)

Citation: SEMO Services, Inc. v. BNSF Railway Company (2022)
Parent Document: SEMO Services, Inc. v. BNSF Railway Company (2022)
Jurisdiction: Missouri (state)
Effective Date: 2022-12-13
Original Source: https://www.courtlistener.com/opinion/10630559/semo-services-inc-v-bnsf-railw... ↗

Full Text

689 chars

3 SEMO makes additional claims about possible “‘spoliation” by BNSF’s alleged failure to identify the complete list
of the email recipients. Our court does not take this allegation lightly since “(t]he law, in hatred of the spoliator,
baffles the destroyer, and thwarts his iniquitous purpose, by indulging a presumption which supplies the lost proof,
and thus defeats the wrong-doer by the very means he had so confidently employed to perpetrate the wrongdoing.”
Marmaduke v. CBL & Associates Mgmt., Inc., 521 S.W.3d 257, 268 (Mo. App. E.D. 2017) (quoting Pomeroy v.
Benton, 77 Mo. 64, 86 (1882)). We do not address this issue only because we find that the statement is not
defamatory. 10

Other Sections in This Document (92)

Full Text