Evidence: Preservation


Harris v. State, Dep't of Corrections [01/29/13] 2013 MT 16 Where the employer either intentionally or negligently destroyed a video recording of the claimant’s taser training session relevant to his personal injury claim, the claimant did not have an independent cause of action for spoliation of evidence against the employer since Montana does not recognize the tort of spoliation against a direct party.  To address the claimant’s spoliation of evidence in some other way, the claimant would have had to allege a viable cause of action, and his claim for personal injury was barred by the exclusive remedy provision of the WCA.

Alberts v. Transportation Insurance Co. [10/12/06] 2006 MTWCC 34 Where Petitioner’s treating physician has opined that the only way he can diagnose the cause of Petitioner’s Thoracic Outlet Syndrome is by observing the area during surgery, Respondent may have a physician observe the procedure as this is the only opportunity for it to observe the preoperative physical condition of Petitioner’s shoulder and its rights will be prejudiced if it is unable to obtain this evidence.