Patricia Gribben v. Wal-Mart Stores, Inc. (3/26/04 IndSCt)
This Order deals with two certified questions of state law from the USDC, SD Ind.
The questions arise in Patricia Gribben v. Wal-Mart Stores, Inc., case no. 1:03-cv-1411-VSS/SEB. The Order announces that the questions, as framed by the federal district court, are:The Order announces that "the certified questions are accepted pursuant to Appellate Rule 64" and goes on to set the briefing schedule. Posted by Marcia Oddi at March 29, 2004 02:50 PM1. Does Indiana law recognize a claim for “first-party” spoliation of evidence; that is, if an alleged tortfeasor negligently or intentionally destroys or discards evidence that is relevant to a tort action does the plaintiff in the tort action have an additional cognizable claim against the tortfeasor for spoliation of evidence?
2. If so, what are the elements of the tort, and must a plaintiff elect between pursuing the spoliation claim and utilizing an evidentiary inference against the alleged tortfeasor in the underlying tort action?