Arkansas Jury Instruction - Damage To Religious Property
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FAQ
Punitive Damages in Arkansas Civil Lawsuits A less common third category of damages is punitive damages. These damages are not often awarded but may be considered in certain cases. Punitive damages punish defendants by making them pay additional compensation to the plaintiffs they hurt.
Today, the term spoliation of evidence is often used during the process of civil litigation. It arises when one side suspects or uncovers that the other party has deliberately, negligently or accidentally destroyed evidence relevant to the case. Spoliated evidence can include: physical objects.
The tort of conversion is the exercise of dominion over property in violation of the rights of the owner or the person entitled to possession. Grayson v. Bank of Little Rock, 334 Ark.
?Spoliation is defined as 'the intentional destruction of evidence and when it is established, [the] fact finder may draw [an] inference that [the] evidence destroyed was unfavorable to [the] party responsible for its spoliation. ' ? Goff v. Harold Ives Trucking Co., 342 Ark. 143, 146, 27 S.W.
3d 776, 779 (2d Cir. 1999) (defining spoliation as "the destruction or significant alteration of evidence, or the failure to preserve property for another's use as evidence in pending or reasonably foreseeable litigation").
19 Downen at 554. 20 Arkansas Rule of Civil Procedure 37(b)(2)(A-D). Ultimately, once a party knows or should know litigation regarding an incident is likely, it is obligated to preserve all evidence it knows or should know will be relevant to the litigation.
You may award punitive damages only if you find that the defendant's conduct that harmed the plaintiff was malicious, oppressive or in reckless disregard of the plaintiff's rights. Conduct is malicious if it is accompanied by ill will, or spite, or if it is for the purpose of injuring the plaintiff.
What is spoliation of evidence? Spoliation of evidence is the intentional or negligent alteration, hiding, withholding or destruction of pieces of evidence relevant to a trial by a party connected to the case.