Spoliation Definition:

In Silvestri, the plaintiff wanted to sue the defendant GM but while he sold the car before the litigation started.

General Motors asked the Court to dismiss the lawsuit alleging the plaintiff's spoliation of the evidence.

The Court agreed, Justice Niemeyer of the United States Court of Appeal, Fourth Circuit adopting these words:

"Spoliation refers to the destruction or material alteration of evidence or to the failure to preserve property for another's use as evidence in pending or reasonably foreseeable litigation.

"The right to impose sanctions for spoliation arises from a court's inherent power to control the judicial process and litigation, but the power is limited to that necessary to redress conduct....

"The applicable sanction should be molded to serve the prophylactic, punitive and remedial rationales underlying the spoliation doctrine."

In Beck, Chief Judge Boggs of the US Court of Appeals, 6th Circuit wrote:

"Spoliation is the intentional destruction of evidence that is presumed to be unfavourable to the party responsible for the destruction."

REFERENCES:

• Beck v Haik 377 F. 3d 624 (2004)
• Silvestri v General Motors Corporation 271 F. 3d 583 (2001)