Tag Archives: Mangione v Jacobs

Plaintiff Spoliates Self And Her Case Dismissed

On August 7, 2012, the New York Law Journal reported that the lawsuit of a woman, who disobeyed three court orders directing her to undergo a physical examination by a defense medical expert in a personal injury lawsuit before she underwent spinal surgery, was dismissed due to spoliation of evidence.  The evidence that was spoliated was plaintiff’s pre-surgery physical condition!  The decision in Mangione v. Jacobs (2012 NY Slip Op 22211) is attached.

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