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SOUZA v. FRED CARRIES CONTRACTS, INC.

No. 2 CA-CV 96-0260.

955 P.2d 3 (1997)

191 Ariz. 247

Donna M. SOUZA, Plaintiff/Appellant, v. FRED CARRIES CONTRACTS, INC., an Arizona corporation, Defendant/Appellee.

Court of Appeals of Arizona, Division 2, Department B.

April 17, 1997.

Attorney(s) appearing for the Case

Hovell & Heiney, P.C. by William P. Hovell and Clifford L. Heiney, Scottsdale, for Plaintiff/Appellant.

Turley & Swan, P.C. by Christopher J. Bork and Elizabeth Savoini Fitch, Phoenix, for Defendant/Appellee.

OPINION

PELANDER, Presiding Judge.

This case raises an issue of first impression in Arizona: the effect of unintentional destruction of relevant evidence after suit has been filed in a negligence action.1 Concluding that plaintiff/appellant Donna Souza's failure to preserve crucial evidence precluded her from establishing a prima facie case and deprived defendant/appellee Fred Carries Contracts, Inc. (FCCI) of an...

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