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WAREMBOURG v. EXCEL ELECTRIC, INC.

Court of Appeals No. 18CA2358.

471 P.3d 1213 (2020)

2020 COA 103

Brian WAREMBOURG, Plaintiff-Appellee, v. EXCEL ELECTRIC, INC., Defendant-Appellant.

Colorado Court of Appeals, Div. IV.

Announced July 9, 2020.

Attorney(s) appearing for the Case

Zaner Harden Law, LLP, Kurt Zaner , Sara McEahern , Denver, Colorado; Levin Sitcoff, PC, Nelson A. Waneka , Denver, Colorado, for Plaintiff-Appellee.

Walberg Law, PLLC, Wendelyn K. Walberg , Morrison, Colorado, for Defendant-Appellant.

¶ 1 Spoliation — a party's failure to preserve evidence — jeopardizes adverse parties' ability to obtain justice. The truth-seeking function of our legal system is thwarted if a party is deprived of material evidence during discovery or if the finder of fact is denied that evidence at trial. Thus, upon...

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