Tort Law

This page within Virginia Tort Case Law is a compilation of cases reported by the Virginia Supreme Court and summarized by Brien Roche dealing with the topic of Missing Evidence. 

1986 Gray v. Graham, 231 Va. 1, 341 S.E.2d 153.

Auto accident case where identity of driver was in issue. State trooper asked Gray to come to station to have photos taken to then be shown to potential witnesses. Gray refused. The court properly admitted this as an attempt to suppress evidence. Gray was entitled to mitigate effect of this evidence but not by offering inadmissible evidence (Gray’s offer to submit to polygraph).

1981 Virginia Heart Inst. v. Northside Elec. Co., 221 Va. 1119, 277 S.E.2d 216.

After fire, plaintiff had portion of fire control panel tested. This evidence not offered. Defendant not entitled to adverse inference instruction since plaintiff did not contend control panel defective.

1974 Lugo v. Joy, 215 Va. 39, 205 S.E.2d 658.

Dental malpractice. X-rays of plaintiff were found to have been tampered with. Plaintiff not allowed to argue to jury that defendant responsible since no evidence of such.

1952 Jones v. Lamm, 193 Va. 506, 69 S.E.2d 430.

Plaintiff claimed defendant destroyed evidence after claim placed in hands of attorney. No evidence that instrument was destroyed for improper purposes, but even if it had, it would not have been proof of primary negligence.

1951 Robey v. Richmond Coca-Cola Bottling Works, 192 Va. 192, 64 S.E.2d 723.

Where absence of evidence in possession of defendant is unexplained, before inuring to benefit of plaintiff, there must be showing that production of that evidence would have added some additional light to subject.

1944 Blue Diamond Coal Co. v. Aistrop, 183 Va. 23, 31 S.E.2d 297.

Where defendant had custody of decedent’s body and decedent administrator had requested autopsy which would have clarified cause of death and defendant chose not to perform autopsy, there is justifiable inference that they at least thought it would be adverse to their interest.