Civil Litigation - Spoliation of Evidence

Summary of Pennsylvania Decisions

Pyertiz v. Commonwealth, State Police, No. 9 WAP 2009 (Pa., November 23, 2011)

Holding: Pennsylvania law does not recognize a cause of action for negligent spoliation of evidence. The Court chose not to recognize the tort because ( 1) the tort would permit the imposition of liability based on speculation, (2) would create the potential for the proliferation of litigation, and (3) would confer a benefit already sufficiently achievable under existing law. Justice Eakin filed a concurring opinion and Justice Todd also filed a concurring opinion.