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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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

Other Sections in This Document (57)

Full Text

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“Massachusetts affords a greater range of remedies for spoliation than the majority of jurisdictions, which limit relief to *799peraiitting an adverse inference against the responsible party.” Gath v. M/A-Com, Inc., 440 Mass. 482, 488 (2003). We have held that a judge may exclude evidence to remedy unfairness caused by the destruction or alteration of evidence by a party to litigation or by persons affiliated with a party. Fletcher v. Dorchester Mut. Ins. Co., supra, and cases cited. “The spectrum of remedies includes allowing the party who has been aggrieved by the spoliation to present evidence about the preaccident condition of the lost evidence and the circumstances surrounding the spoliation.” Gath v. M/A-Com, Inc., supra.