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MARKSTROM v. GUARD PUB. CO.

A163317.

431 P.3d 443 (2018)

294 Or.App. 338

Serena MARKSTROM, Plaintiff-Appellant, v. GUARD PUBLISHING COMPANY, an Oregon corporation, dba The Register Guard, Defendant-Respondent.

Court of Appeals of Oregon.

October 10, 2018.

Attorney(s) appearing for the Case

Matthew E. Malmsheimer , Portland, argued the cause for appellant. Also on the briefs were Christopher Lundberg and Haglund Kelley LLP.

Steven M. Wilker , Portland, argued the cause for respondent. Also on the brief was Tonkon Torp LLP.

Before Ortega, Presiding Judge, and Garrett, Judge, and Powers, Judge.

Plaintiff appeals a general judgment of dismissal, which the trial court entered as a sanction for spoliation of evidence — specifically, destruction of plaintiff's email and text messages. Even though plaintiff deleted most or all of the material in question before filing her cause of action, the trial court ultimately concluded...

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