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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Once the plaintiffs produced evidence sufficient to establish certain preliminary facts, the judge did not abuse his discretion in conducting an evidentiary hearing where the burden of proof was on the defendants, who, as the alleged spoliators, were in a better position to prove that there had been no fault in their failure to preserve the columns as evidence. See Nally v. Volkswagen of Am., Inc., 405 Mass. 191, 198-199 (1989). Nor was there error in the judge’s finding that the loss of the columns amounted to negligent spoliation. There was no factual dispute that Garfield, as the landlord, had been in control of the columns after the accident, and that at the time when the columns were discarded, Garfield knew that he would likely be involved in litigation. In these circumstances, he should have also recognized the logical connection between the columns and the railings such that he reasonably should have appreciated the possible importance of the columns as evidence in such litigation. On the basis of these uncontested facts, Garfield had a duty to preserve the columns. Fletcher v. Dorchester Mut. Ins. Co., supra. The judge also correctly rejected the defendants’ contention that Garfield could not have been negligent in the loss of the columns where Scott’s attorney specifically requested that the railing be preserved but made no comparable request as to the columns. The railing was no longer attached to the porch and was on the ground, which presumably was why Scott’s counsel specifically requested that it be retained. The columns, however, remained attached and integral to the structure of the porch, and did not appear to be in imminent danger of being discarded. Had the defendants provided notice to the plaintiffs’ counsel of their intention to repair the porch, their counsel would have been in a position to make a *800comparable request that the columns be preserved. The sanction imposed by the judge was proper, given the finding that spoliation occurred.

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