A contractor suing to be compensated for work performed under a construction contract was counter-sued due to problems with an epoxy that had been purchased from a third-party. The manufacturer had conducted an investigation when the epoxy had stripped away, and the plaintiff ultimately asserted a claim of spoliation against the manufacturer, whose investigation materials would have assisted plaintiff in quickly and decisively defeating the counter-claim. The Seventh Circuit recognized no duty to preserve evidence under Indiana law absent “an independent tort, contract, agreement, or special relationship” and concluded that the purchase of over $100,000 of epoxy by an approved contractor did not constitute a “special relationship” and that there was no duty arising from general principles of foreseeability. See J.S. Sweet v. Sika Chemical Corp.,400 F.3d 1028, 1032-1033 (7th Cir. 2005).
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