Martin v. Keeley & Sons, Inc.

Illinois Supreme Court
Civil Court
Citation
Case Number: 
2012 IL 113270
Decision Date: 
October 18, 2012
District: 
5th Dist.
Division/County: 
St. Clair Co.
Justice: 
BURKE
Holding: 
Appellate court reversed; circuit court affirmed.
General contractor had no duty, based on voluntary undertaking or other special circumstance, to preserve concrete I-beam supporting bridge deck on which employees were standing; I-beam collapsed and employees fell into creek and were injured. Spoliation of evidence claims cannot stand in absence of duty to preserve evidence. (FREEMAN, THOMAS, GARMAN, KARMEIER, and THIS, concurring; KILBRIDE, dissenting.)