The Court of Appeals agreed. The court reasoned that such a cause of action has not been recognized in Michigan. Additionally, that the courts have no business developing such a cause of action because doing so would require defining the scope of the duty to preserve evidence. Noting that the Legislature has comprehensive Legislation addressing the insurance industry, including more than 1,000 sections in the insurance code evidences the Legislature’s intent to provide for and regulate the rights and remedies available to the public concerning business in the insurance arena. Alternatively, the court reasoned that even if there were such a cause of action in this state, it would be inapplicable in Teel because the Plaintiff failed to show that there were no other remedies available (citing criminal contempt as an example).
Judge Davis disagreed. In his dissent, Judge Davis framed the case as one calling for the court to fashion a remedy–not create an entirely new cause of action. Davis stated, “Although the cases in Michigan have, thus far, only addressed spoliation of evidence by litigants, spoliation of evidence is nevertheless recognized as a legally wrongful act. In other words, there is already a well-established right in Michigan of a litigant to the integrity of evidence in a lawsuit. It follows that the courts are not only empowered, but obligated to provide a remedy for violations of that right.” It is too soon to tell whether the Supreme Court will weigh-in on the battle of rights versus remedies.
Labels: Landlord, Michigan, summary disposition, Tenant, Wayne County