Critical Evidence Missing

August 31, 2000

LVT Number: 14355

A worker was injured by a table saw while doing renovation work in an apartment in a co-op building. He sued landlord for negligence. The table saw belonged to the worker. He claimed that he had to put the saw on the floor because his extension cord had been removed. When he bent over to use the saw, he cut his fingers. The worker disposed of the saw some time after the accident because it was broken. He said he knew the brand, but didn't know the serial number or have photographs.

A worker was injured by a table saw while doing renovation work in an apartment in a co-op building. He sued landlord for negligence. The table saw belonged to the worker. He claimed that he had to put the saw on the floor because his extension cord had been removed. When he bent over to use the saw, he cut his fingers. The worker disposed of the saw some time after the accident because it was broken. He said he knew the brand, but didn't know the serial number or have photographs. Landlord asked the court to dismiss the case because the table saw itself was critical evidence that was missing. The worker then admitted for the first time that his attorney had taken pictures of the saw shortly after the accident. The court ruled for landlord and dismissed the case. The disposal of the saw prevented landlord from having a fair trial of the issues raised in the case.

Lynch v. 160 Fifth Ave. Partners: NYLJ, 8/25/00, p. 27, col. 4 (Sup. Ct. Kings; Barron, J)

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