Plaintiff climbed a ladder manufactured by Davidson while shopping at a Home Depot. The ladder collapsed and the plaintiff filed a product liability action against Davidson and Home Depot, repeatedly asking them to preserve the ladder and to afford plaintiff an opportunity to examine it. The defendants’ expert examined the ladder and concluded that it was not defective, and thereafter destroyed the ladder, despite the fact that the plaintiff had never had an opportunity to inspect it. The Connecticut Supreme Court held that the tort of intentional spoliation would be recognized where, as here, “a first-party defendant destroys evidence intentionally with the purpose and effect of precluding a plaintiff from fulfilling his burden of production in a pending or impending case.” See Rizzuto v. Davidson Ladders, 905 A.2d 1165 (Conn. 2006).
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