The drastic sanction of dismissal is a last resort, and should only be invoked when spoliation is deliberate, contumacious, or evidence’s an unwarranted disregard for the court’s authority. When an opponent’s negligence leads to the destruction of evidence, the remedy is a claim for damages, which is separate and distinct. Adams v. Bath & Body Works, Inc., 2005 Ill. App. LEXIS 238 (March 17, 2005).
Leave a Reply