BROBBEY v. ENTERPRISE LEASING OF CHICAGO

No. 1-08-3474.

935 N.E.2d 1084 (2010)

Esther BROBBEY, a Minor, By Her Father and Next Friend, John Brobbey, Anna Brobbey, a Minor, By Her Father and Next Friend, John Brobbey, Enoch Brobbey, By His Father and Next Friend, John Brobbey, Gboyega Aderele, a Minor, By Her Father and Next Friend, Adedotun Aderele, Adedoyin Aderele, a Minor, By Her Father and Next Friend, Adedotun Aderele, Gladys Shabangu, Kodzovi Nipassa, John Brobbey, Adedotun Aderele, and Keji Aderele, Plaintiffs-Appellants, v. ENTERPRISE LEASING COMPANY OF CHICAGO, Defendant-Appellee, General Motors Corporation, and its Chevrolet Division, City Chevrolet, Buick and Geo, Inc., Defendants.

Appellate Court of Illinois, First District, Fifth Division.

August 27, 2010.


Attorney(s) appearing for the Case

Lanre O. Amu , Chicago, for Plaintiffs-Appellants.

Esther Joy Schwartz , John W. Gilligan, III , Theodore W. Pannkoke , Stellato & Schwartz, Ltd., Chicago, for Defendant-Appellee.


Presiding Justice TOOMIN delivered the opinion of the court:

In this appeal, we determine whether a defendant, in response to claim of spoliation, may disclaim the duty to preserve evidence by simply providing notice to plaintiffs of its availability for inspection prior to disposal. Plaintiffs initially brought the action below premised upon claims of strict liability and negligence for injuries sustained in the operation of a van they rented from defendant, Enterprise...

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