A dismissal of a complaint is usually a court’s last resort where evidence of spoliation exists.  However, sometimes such a harsh result is the only one.

In Abulhasan v. Uniroyal-Goodrich Tire Co., the Appellate Division, Third Department dismissed the complaint against the tire manufacturer and the distributor of the automobile in which plaintiff’s decedent was injured.  The plaintiff had commenced a products liability action against those defendants, claiming that a manufacturing defect had caused his wife’s injuries and, ultimately, her death.  Notably, the plaintiff had sold the automobile for scrap and did not retain the alleged defective tire.

The Third Department dismissed the complaint against both the tire manufacturer and automobile distributor based on the spoliation of the tire.  The Court alludes to the plaintiff intentional destruction of the evidence, but notes that the tire was essential for the defendants to adequately defend themselves against the strict product liability claim.