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A New York appellate panel has dismissed on spoliation grounds a 12-year-old defective-tire claim against Michelin North America. The ruling highlights a recurring issue in products liability cases: the unavailability of physical evidence. By the time the suit was begun, only a remnant of the tire was available for inspection. The case clarifies the importance of preserving evidence "not only after a lawsuit is filed but before a lawsuit is filed," the defendant's attorney said.
February 04, 2005 at 12:00 AM
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The original version of this story was published on Law.Com
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