Scott v. Garfield, 454 Mass. 790 (2009)

Citation: Scott v. Garfield, 454 Mass. 790 (2009)
Parent Document: Scott v. Garfield, 454 Mass. 790 (2009)
Jurisdiction: Massachusetts (state)
Effective Date: 2009-09-15
Original Source: https://www.courtlistener.com/opinion/6580039/scott-v-garfield/ ↗

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b. Spoliation of evidence. Before the close of evidence in the plaintiffs’ case, the judge held an evidentiary hearing outside the presence of the jury to consider the issue of spoliation of evidence, which the plaintiffs raised by a motion in limine seeking to preclude the defendants from offering evidence related to the discarded porch columns. Finding that Garfield had been negligent in the loss of the columns as evidence, and that the loss amounted to spoliation, the judge allowed the motion. The judge ruled that, as a consequence, the defendants would be precluded from presenting any evidence relating to the columns, that the plaintiffs would be permitted to inquire as to the unavailability of the columns, and that the jury would be instructed that they could draw an adverse inference because of the unavailability of the evidence.

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