In Seymour v. Sears Roebuck & Co., the plaintiff was injured when he sat in a chair that was displayed at a local Sears department store.  One of the Sears employees assembled the chair but admitted that several parts were left over when he assembled it.  Sears saved the chair, the instructions, and the extra parts; however, it ultimately destroyed all the evidence. 

The manufacturer  moved to dismiss the plaintiff’s complaint asserted against it because it was unable to defend itself in an adequate fashion.  Because the plaintiff’s claim asserted against the manufacturer was based on inadequate instructions, and it was unclear that the destroyed instructions were shipped with the subject chair and used by the assembler of the chair, Supreme Court, Onondaga County denied the spoliation motion.