WILLARD v. CATERPILLAR, INC.

Docket No. F019296.

40 Cal.App.4th 892 (1995)

48 Cal. Rptr.2d 607

BLAINE WILLARD, Plaintiff and Appellant, v. CATERPILLAR, INC., Defendant and Appellant.

Court of Appeals of California, Fifth District.

November 30, 1995.


Attorney(s) appearing for the Case

COUNSEL

Klein, Wegis, DeNatale, Hall, Goldner & Muir, Ralph B. Wegis, Denise Martin, David L. Saine, Marisa S. Vidaurreta and Jeffrey W. Noe for Plaintiff and Appellant.

Haight, Brown & Bonesteel, Roy G. Weatherup, Armando M. Galvan, Elliott D. Olson, Luce, Forward, Hamilton & Scripps and Charles A. Bird for Defendant and Appellant.

Pillsbury, Madison & Sutro, Sidney K. Kanazawa and Kevin M. Fong as Amici Curiae on behalf of Defendant and Appellant.


[Opinion certified for partial publication.*]

OPINION

THAXTER, Acting P.J.

This products liability case requires our consideration of the evolving tort of intentional spoliation of evidence. Balancing relevant factors, we will hold that the trial court erred in submitting to the jury a cause of action for intentional spoliation of a manufacturer...

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