It’s time for the next installment of Holcomb Law Group 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).
__________________
The information contained in this post is for general guidance on matters of interest only. The application and impact of laws can vary widely based on the specific facts involved. Given the changing nature of laws, rules and regulations, there may be omissions or inaccuracies in information contained in this report. Accordingly, the information in this report is provided with the understanding that the authors are not herein engaged in rendering legal, tax, or other professional advice and services. As such, it should not be used as a substitute for consultation with legal or other competent advisers. Before making any decision or taking any action, you should consult with your counsel or the attorneys at Holcomb Law Group.
