Legal Question in Business Law in Washington

Does this guy have a case against us?

My husband has a small mobile automotive shop, licensed and legal. We privatly sold a motor to a customer and then installed the motor into his vehicle. After almost 3 months and 3 other people messing with the motor he had a friend disassemble the motor into many pieces. After the motor was disassembled he is now taking us to small claims court because he says the inside of the motor is destroyed. We were not informed or invited to be present at the time the motor was taken apart. Because of this could we still be held responsible for what this guy and his mechanic friend are claiming my husband did. Is there perhaps a law that protects us as a company (in Washington State)from a lawsuit because of the fact that this person had the motor completely taken apart before we had the chance to investigate the claim.

Thank you


Asked on 6/05/05, 1:34 pm

1 Answer from Attorneys
Matthew King Wershow & Ritter, Inc. P.S.

Re: Does this guy have a case against us?

A case may still exist, if, in fact the motor was defective. However, you are not totally without recourse. There is a doctrine in Washington called spoliation. Essentially, the Court may decide that the destruction of evidence so prejudices you that the case should be dismissed due to the unlawful destruction of evidence. For more information, go to an article I wrote on spoliation at http://www.kcba.org/barbulletin/0405/article9.html

Feel free to contact me should you have any other questions.

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Answered on 6/06/05, 6:10 am


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