Date: 2010-02-09 Docket: 07-CV-39896 Master MacLeod. | Link

Plaintiff moves to amend pleading to add spoliation, contending that destruction of the documents should attract either a negative evidentiary presumption or damages or both. The defendant challenges the increase in the prayer for relief if it is based on damages for spoliation because the plaintiff has not pleaded cause and effect or particularized the calculation of damages. The defendant will be entitled to know the calculation of damages prior to trial but there is no prejudice in simply raising the amount of the claim as proposed.