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FLETCHER v. DORCHESTER MUTUAL INSURANCE COMPANY

437 Mass. 544 (2002)

FRANCINE M. FLETCHER, individually and as administratrix, & others v. DORCHESTER MUTUAL INSURANCE COMPANY & another.

Supreme Judicial Court of Massachusetts, Plymouth.

August 16, 2002.

Attorney(s) appearing for the Case

Michael R. Rezendes (Sara J. Trezise with him) for the plaintiffs.

Ralph C. Sullivan for Dorchester Mutual Insurance Company.

Francis M. Lynch for Richard Splaine.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, SOSMAN, & CORDY, JJ.

SOSMAN, J.

The present appeal requires us to determine whether we should recognize a cause of action in tort for intentional or negligent spoliation of evidence. A Superior Court judge granted the defendants' motions to dismiss such claims, and the plaintiffs appealed. We transferred the case to this court on our own motion. For the following reasons, we conclude that there is no cause of action for spoliation of evidence...

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