GOMEZ v. ACQUISTAPACE

Docket No. B099159.

50 Cal.App.4th 740 (1996)

MARIA G. GOMEZ et al., Plaintiffs and Appellants, v. JAMES ACQUISTAPACE et al., Defendants and Respondents.

Court of Appeals of California, Second District, Division Six.

October 31, 1996.


Attorney(s) appearing for the Case

COUNSEL

Bennett, Johnson & Galler, Robert B. Galler, Esteban L. Valenzuela and Marc Sherman for Plaintiffs and Appellants.

Weldon & DeGasparis and Richard P. Weldon for Defendants and Respondents.


OPINION

YEGAN, J.

Jose Luis Gomez choked to death at work when his clothing became tangled in a powered posthole digger. A few days later his employer destroyed the posthole digger. Maria G. Gomez (Gomez), Jose's widow, sued the employer for negligent and intentional spoliation of evidence, alleging that destruction of the posthole digger prevented her from recovering damages in a third party action against its manufacturer. She appeals...

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