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Scott Cooper
Scott Cooper
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Pennsylvania Supreme Court Holds Negligent Spoliation Of Evidence Not A Cause Of Action

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Attached is a copy of the Pennsylvania Supreme Court Opinion announced on November 23, 2011 in Pyeritz v. Pa. State Police, — A.3d — (Pa. Nov. 23, 2011). The Court holds that Pennsylvania does not recognize a claim for negligent spoliation of evidence. The Estate of Pyeritz claimed that the State Police were liable for destroying evidence, per procedure, after a criminal investigation was completed.

The crime victim’s counsel requested the State Police to store the evidence while a product liability suit was being pursued. The evidence was then destroyed, thus eliminating the products case since their was no product. The Estate then pursued a claim for negligent spoliation of evidence and the Pennsylvania Supreme Court holds that the cause of action does not exist in Pennsylvania.

http://www.courts.state.pa.us/OpPosting/Supreme/out/J-73-2009mo.pdf

Scott B. Cooper, Esquire
Schmidt Kramer PC
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