Koplin V. Rosel Well Perforators, Inc.: Case Study

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Facts: Client suffered serious injuries at work when she fell thirty feet off a conveyor designed to carry employees from one work level to another. She was injured when the conveyor malfunctioned and failed to stop when she reached the top of the lift. The conveyor had been in use for twenty-five years, and her employer replaced it the day after the accident. The employer dismantled the conveyor and disposed of many of the important parts. It appears that the employer intentionally disposed of the parts. The disposal of these parts may prejudice the client's ability to recover in any product liability lawsuits against the corporations involved in the manufacture, distribution, inspection, or servicing of the conveyor. • What section of Am.…show more content…
Jur. 2d that addresses the topic is Evidence § 256 2111.Duty to preserve material evidence • Give the citation to a 1987 Kansas case that addresses this topic. Koplin v. Rosel Well Perforators, Inc., 241 Kan. 206, 734 P.2d 1177, 70 A.L.R.4th 973 (1987) - 3[a], 3[b], 4 • Review the 2000 ABA journal article on the destruction of evidence in Doc Sharing. I. Cause of…show more content…
Facts 1. Client suffered serious injuries at work when she fell thirty feet off a conveyor designed to carry employees from one work level to another. 2. The employer has a duty to preserve evidence for a pending or potential civil action resulting from employee injuries occurred on the job. 3. The conveyor malfunctioned and failed to stop when the client reached the top of the lift. The conveyor had been in use for twenty-five years, her employer replaced it the day after the accident. The employer dismantled the conveyor and disposed of many of the important parts. 4. It appears that the employer intentionally disposed of the parts. The disposal of these parts may prejudice the client's ability to recover in any product liability lawsuits against the corporations involved in the manufacture, distribution, inspection, or servicing of the conveyor. References: Putman, W. H., & Albright, J. R. (January 2013). Legal Research, Analysis, and Writing Third Edition. Cengage Learning. Reuters, T. (2013). AMJUR EVIDENCE § 256. Retrieved from Westlaw Classic:
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