Martin v. Keeley & Sons, Inc.

In 2001, Keeley was acting as general contractor for reconstruction of a bridge. Three Keeley employees were injured in the collapse of a concrete I-beam used to support the bridge deck on which they were standing. They were unable to prove claims against the manufacturer of the beam and the designer of the supporting bearing assembly. Keeley had demolished the beam the day after the accident; they claimed negligent spoliation of evidence. The Illinois Department of Transportation and OSHA had inspected the site before the beam was broken up and left as “riprap” in the creek. The circuit court granted Keeley summary judgment. The appellate court reversed. The Illinois Supreme Court reinstated the summary judgment. Generally, there is no duty to preserve evidence. The facts did not establish an exception that might apply if there had been a voluntary undertaking to preserve evidence. Keeley’s mere possession and control of the beam did not constitute special circumstances creating a duty, nor is the employer-employee relationship, in itself, a special circumstance justifying imposition of a duty to preserve evidence. Whether a reasonable person in Keeley’s position should have foreseen that the evidence was material to a potential civil action was irrelevant; no duty was established. View "Martin v. Keeley & Sons, Inc." on Justia Law