District Court of Appeal of Florida

Dismissal of plaintiff's claim for spoliation of evidence related to a products liability case pursuant to a statute of limitations bar is reversed since plaintiff's cause of action for spoliation of evidence did not accrue with the death of the decedent but only after the action against the third party tortfeasor was compromised and settled.

Appellate Information

• Decided 12/14/2005
• Published 12/14/2005

Judges

• FARMER, J.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• Diran V. Seropian of Edna L. Caruso, P.A., West Palm Beach, and Andrew Moss of Kutner, Rubinoff & Bush, P.A., Miami, for appellant.


• For Appellees:
  
• Richard A. Sherman of the Law Offices of Richard A. Sherman, P.A., Fort Lauderdale, and Samuel A. Coffey and Dennis M. O'Hara of Wicker, Smith, O'Hara, McCoy, Graham & Ford, P.A., Fort Lauderdale, for appellee.