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Gilleski v. Community Medical Center

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NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued November 27, 2000

In this personal injury action, judgment was entered on a jury verdict in the amount of $38,000 and $7,500, in favor of plaintiffs Dolores and Vincent Gilleski respectively.*fn1 Plaintiff sustained injuries while in a hospital x-ray room when a chair collapsed and she fell to the floor. After the accident, defendant Community Medical Center disposed of the chair. Over defendant’s objection, the trial court instructed the jury on the theory of negligent spoliation of evidence; that is, defendant negligently disposed of the chair which was critical evidence in a potential law suit against the chair manufacturer. The jury concluded that plaintiffs met each element of the tort and returned a verdict in plaintiffs’ favor.

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