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WILLIAMS v. WERNER ENTERPRISES, INC.

No. 14-0212.

770 S.E.2d 532 (2015)

Jannell WILLIAMS, as the Personal Representative of the Estate of Kenneth Williams, and Cheryl Rutledge, as the Personal Representative of the Estate of Quentin Rutledge, Plaintiffs Below, Petitioners v. WERNER ENTERPRISES, INC., a Nebraska Corporation, Defendant Below, Respondent.

Supreme Court of Appeals of West Virginia.

Decided March 2, 2015.

Attorney(s) appearing for the Case

Frank P. Bush, Jr., Esq. , Law Office of Frank P. Bush, Jr., Elkins, West Virginia, Christopher J. Heavens, Esq. , Heavens Law Offices, Charleston, West Virginia.

Mary H. Sanders, Esq. , Cindy D. McCarty, Esq. , Huddleston Bolen LLP, Charleston, West Virginia, for the Respondent.

The tort of intentional spoliation of evidence requires a plaintiff to prove that a defendant had "knowledge" of a pending or potential civil action, at the time that the defendant disposed of evidence vital to the plaintiff's action.

In this appeal from the Circuit Court of Ohio County, the circuit court granted summary...

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