Parents who claim their infant son died in his crib after suffocating because of an allegedly defective bumper pad had no duty to preserve the other items in the crib at the time, a federal judge ruled in finding there was no spoliation of evidence.
The defendants in Micjan v. Wal-Mart Stores wanted the most severe sanction for what it claimed was spoliation of evidence, but U.S. Magistrate Judge Robert C. Mitchell of the Western District of Pennsylvania denied their request for summary judgment.
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