7th Circuit Panel Reverses Judgment On Spoliation Claims

Mealey's (October 25, 2016, 12:27 PM EDT) -- CHICAGO — A Seventh Circuit U.S. Court of Appeals panel on Oct. 7 held that an Illinois federal judge properly granted summary judgment in a product liability case to a scaffolding manufacturer because there was no evidence in the record that the specific bar that caused a worker’s injury was defective but that the grant of summary judgment in favor of the owner of a power plant where the scaffolding was being installed on spoliation claims was improper because the plaintiff never had an opportunity to have the bar, which was lost, analyzed for defects (Matthew Schaefer, et al. v. Universal Scaffolding & Equipment LLC, et al., No. 15-2393, 7th Cir.; 2016 U.S. App. LEXIS  18233)....