Combs v. Schmidt

Illinois Appellate Court
Civil Court
Case Number: 
2012 IL App (2d) 110517
Decision Date: 
September 12, 2012
2d Dist.
Winnebago Co.
Reversed and remanded.
Although there was no per se request to preserve evidence in case involving fire of rental house, there was the functional equivalent of one sufficient to put defendants on notice that they were potential litigants, given ample evidence of complaints about faulty electrical system that had been communicated to landlords, but evidence was not so clear as to insurer. The house stood for less than two months after the fire, and tenant did not have notice of its impending demolition; genuine issues of material fact preclude entry of summary judgment on spoliation of evidence counts. (ZENOFF, concurring; BURKE, specially concurring.)