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Order allowing cause of action for spoliation of evidence

Published on July 11th, 2009

One of the many ways nursing homes and other Defendants delay and obstruct discovery or make it difficult to prove what happened to a resident is for them to "lose" documents.  This happens in almost all of our cases.  Here is an Order from a respected South Carolina judge that allowed the Plainitff in that case to amend the Complaint to add a cause of action for spoliation of evidence. 

This cause of action has never been recognized or rejected in South Carolina because the South Carolina Supreme Court has never had the opportunity to decide.  It makes sens for the court to recognize spoliation of evidence as a separate cause of action.

Joe Pioletti
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