Alex P. Blair, a partner in Goldberg Segalla’s Chicago office, authored a column in the latest issue of Illinois Defense Counsel Quarterly examining the impact of evidence preservation failures in product liability litigation.

In the article, “Spoiler Alert! First District Indicates Failure to Preserve Product Can Be Fatal to a Plaintiff’s Case,” Alex analyzes the Illinois First District Appellate Court’s decision in Headington v. Toyota Motor North America, Inc., which affirmed summary judgment for the defense after a plaintiff failed to preserve the vehicle at issue before filing suit.

Alex explores the court’s reasoning, including its conclusion that product liability plaintiffs bear a duty to preserve critical evidence when litigation is reasonably anticipated. The decision underscores the potentially case-dispositive consequences of spoliation and highlights the challenges plaintiffs face when key evidence is unavailable for expert review or inspection.

The article also places the ruling in a broader legal context by tracing the history of the spoliation doctrine and discussing how courts have addressed lost or destroyed evidence over time.

Alex focuses his practice on Products Liability, toxic tort, and professional liability litigation.

Read the full article in Illinois Defense Counsel Quarterly.