Holcomb Dunbar - North Mississippi Attorneys

Insurance Law From A to Z Series – Spoliation of Evidence

Summary Mississippi Insurance Law CoverIt’s time for the next installment of Holcomb Dunbar law series “Insurance Law from A to Z.”  This was put together by our litigation group  who practice in the insurance law arena.  Of course, if you have questions about these or any other topics please do not hesitate to contact us.

This week’s installment – Spoliation of Evidence

Spoliation of evidence is not an independent cause of action in Mississippi.  Richardson v. Sara Lee Corp., 847 So. 2d 821, 824 (Miss. 2003).

Mississippi case law holds that the destruction of evidence results in a negative presumption or inference against the party who destroys the evidence.  Thomas v. Isle of Capri Casino, 781 So.2d 125, 133-34 (Miss. 2001).  The Mississippi Supreme Court has held that where a (medical) record required by law to be kept is unavailable due to negligence, an inference arises that the record contained information unfavorable to the defendant, and the jury should be so instructed.  Delaughter v. Lawrence County Hosp., 601 So.2d 818, 822 (Miss. 1992). See also,

Estate of Perry ex rel. Rayburn v. Mariner Health Care, Inc., 927 So.2d 762 (Miss.Ct.App. 2006).

 

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2018