Indiana Court of Appeals Courtroom, State House, Room 413, Indianapolis, Indiana
William Pettit was injured while assisting his friend, Steve Webb, trim trees on Webb's property. Pettit's counsel sent Webb's homeowner's insurance carrier, AMCO, a letter requesting that AMCO preserve the ladder from which Pettit fell as well as the tree and tree branch. AMCO did not take the items into its possession or advise Webb to preserve them. Webb stored the wooden ladder outside and, at some point in time, threw it on a woodpile, causing it to crack further. Webb also cut down the tree in question. Pettit filed a negligence claim against Webb and added a claim of spoliation of evidence against AMCO. Asserting the failure of Pettit to state a viable claim, AMCO filed a motion to dismiss the spoliation claim, which was granted. On appeal, the issue presented is whether an action for spoliation of evidence can be maintained against an alleged tortfeasor's liability insurance company for failing to preserve evidence that was in the possession of the alleged tortfeasor.
The Scheduled Panel Members are: Judges Riley, Bailey and Bradford.
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