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BAUGHER v. GATES RUBBER CO., INC.

Nos. 61440, 61441.

863 S.W.2d 905 (1993)

Lawrence Russell BAUGHER, Plaintiff/Appellant, v. The GATES RUBBER COMPANY, INC., Defendant/Cross-Claimant/Appellant, and The Hartford Insurance Company, Defendant/Respondent.

Missouri Court of Appeals, Eastern District, Division Four.

October 12, 1993.

Attorney(s) appearing for the Case

Joan B. Bernstein, Gerard Thomas Noce, Evans & Dixon, St. Louis, James Leslie Thomas, Waynesville, for plaintiff, appellant.

David T. Butsch, Jeffrey M. Glass, Hinshaw & Culbertson, St. Louis, for defendant, respondent.

CRANE, Judge.

Defendant, The Gates Rubber Company, Inc. [Gates], appeals the dismissal with prejudice of its cross-claim against defendant The Hartford Insurance Company [Hartford] for spoliation of evidence. Gates had alleged that it was entitled to damages because Hartford's employees had either negligently or intentionally lost or destroyed a part from a Gates-manufactured crimping machine which had allegedly caused plaintiff's injuries. The trial court found that...

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