Justice Joan Madden
Worthington S.p.A. moved for an order for sanctions against third-party defendant MC&O Masonry in this action arising out a workplace accident, based on spoliation of evidence. Housing Partnership, First Ave. Builders, and FSLM Associates cross-moved for summary judgment on their claims for indemnification. Plaintiffs sought damages for personal injuries sustained by Shields at a construction project when he was cleaning a concrete pump, manufactured and designed by nonparty Reinert. MC&O was notified to preserve the pump, yet after one inspection, but before a second one, MC&O notified the parties the pump was inexplicably disposed of. The court noted that it previously granted summary judgment dismissing the claims, cross-claims and counterclaims against Worthington as it could not be held liable as a successor of Reinert, thus, its motion was moot. It also stated while MC&O should be sanctioned for destruction and unexplained disposal of the pump despite court orders requiring further inspection, in the absence of substantiated assertions of prejudice by plaintiffs and remaining defendants, striking MC&O’s answer was inappropriate. The court stated a negative inference charge to be given at the time of trial was an appropriate sanction.
