Gilleski v. Community Med. Center

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding “any person desiring to preserve evidence prior to institution of an action may seek such relief by verified petition pursuant to [Rule] 4:11-1(a)”
• stating that “a defendant may voluntarily assume a duty by affirmative conduct” (citation and quotation omitted)
• “New Jersey appellate courts have not recognized the tort of negligent spoliation of evidence.” (citations omitted)
• where alleged spoliator was the defendant-hospital that failed to preserve chair which collapsed, causing plaintiff's injuries, thereby impeding his claim against the chair's manufacturer
• “A third party’s constructive notice of a pending or potential action is not sufficient to force upon the third party the duty to preserve evidence.
• “A third party’s constructive notice of a pending or potential action is not sufficient to force upon the third party the duty to preserve evidence.” (citation omitted)

Source: CourtListener parenthetical corpus (CC0).