Norton v. Defendant Insurance Company

  • Illinois Appellate Court, First District, 756 N.E.2d 483 (Ill. App.1st Dist. 1999)04/01/1999
    Client: Defendant Insurance Company
    Outcome: Dismissal of Amended Complaint Affirmed


The appellate court affirmed the dismissal of plaintiff's amended complaint which alleged spoliation of evidence.

The appellate court agreed that plaintiff failed to allege a duty owed by defendant to the plaintiff to preserve the evidence -- a valve that allegedly would have been the subject of a product liability action.

The court observed that plaintiff had allowed the applicable statute of limitations to run on any products action, and did not allege that he had ever expressed to the defendant insurance company a desire to intervene in a subrogation action that the defendant insurance company had filed against the manufacturer.