Topic: if a reasonable person in the defendant's position should h… · Go Syfert
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Topic #9983

6 canonical passages across 4 cases, quoted by 38 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from Boyd v. Travelers Insurance.

#Case FlagCanonical passage Citers
1 Boyd v. Travelers Insurance Anchor
ill · 1995
green “if a reasonable person in the defendant's position should have foreseen that the evidence was material to a potential civil action.” 9
2 Boyd v. Travelers Insurance
ill · 1995
green “in a negligence action involving the loss or destruction of evidence, a plaintiff must allege sufficient facts to support a claim that the loss or destruction of the evidence caused the plaintiff to be unable to prove an underlying lawsuit.” 7
3 Boyd v. Travelers Insurance
ill · 1995
green “a reasonable person in the defendant's position should have foreseen that the evidence was material to a potential civil action.” 7
4 Shimanovsky v. General Motors Corp.
ill · 1998
green “to take reasonable measures to preserve the integrity of relevant and material evidence.” 7
5 Graves v. Daley
illappct · 1988
green “not free to destroy crucial evidence simply because a court order was not issued to preserve the evidence.” 4
6 Kleiber v. Freeport Farm and Fleet, Inc.
illappct · 2010
green “a possessor of land is subject to liability for physical harm caused to his invitees by a condition on the land if, but only if, he (a) knows or by the exercise of reasonable care would discover the condition, and should realize that it involves an unreasonable risk of harm to s…” 4

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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