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MEYN v. STATE

No. 97-1007.

594 N.W.2d 31 (1999)

Richard E. MEYN, Appellant, v. STATE of Iowa Appellee.

Supreme Court of Iowa.

April 28, 1999.

Attorney(s) appearing for the Case

Hugh G. Albrecht of Tom Riley Law Firm, P.L.C., Cedar Rapids, for appellant.

Thomas J. Miller, Attorney General, Joanne Moeller, Assistant Attorney General, and Julie Pulkrabek of Phelan, Tucker, Mullen, Walker, Tucker & Gelman, L.L.P., Iowa City, for appellee.

Considered by LARSON, P.J., and LAVORATO, SNELL, TERNUS, and CADY, JJ.

SNELL, Justice.

This case raises the question whether we should recognize its merit and create a new cause of action based on negligent spoliation of evidence. The evidence destroyed was a prosthesis inserted in plaintiff's knee during surgery. Plaintiff claims he wanted to keep the original prosthesis for evidence in a lawsuit after its replacement by a second prosthesis.

The district court granted the State's motion to dismiss. We affirm.

I. Factual...

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