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ALOI v. UNION PACIFIC RAILROAD CORP.

No. 04SC320.

129 P.3d 999 (2006)

Petitioner/Cross-Respondent: Frank ALOI, v. Respondent/Cross-Petitioner: UNION PACIFIC RAILROAD CORPORATION, a Delaware company.

Supreme Court of Colorado, En Banc.

March 6, 2006.

Attorney(s) appearing for the Case

Jean E. Dubofsky, P.C., Jean E. Dubofsky, Boulder, Springer & Steinberg, P.C., Michael P. Zwiebel, Denver, for Petitioner/Cross-Respondent.

Hall & Evans, LLC, Alan Epstein, C. Willing Browne, Malcolm S. Mead, Denver, for Respondent/Cross-Petitioner.

RICE, Justice.

I. Introduction

Frank Aloi tripped over a loose rubber mat and was injured while working as a conductor for Union Pacific Railroad (UP). Aloi brought a personal injury action against UP. Prior to trial, UP destroyed documents relevant to the litigation. As a sanction for spoliation of evidence, the trial court instructed the jury it could draw an inference that the evidence contained in the destroyed documents would have been unfavorable to...

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