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Leatherwood v. Wadley2/11/2003
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This record is devoid of any facts or evidence to suggest that Moore intentionally destroyed, lost, or concealed the "defective" wheel for the improper purpose of keeping crucial evidence from the court. Plaintiffs, moreover, fail in their brief to allege improper intent on Moore's behalf. While Moore admits that he removed the wheel from his car after the accident, and has no recollection of where or whether he disposed of the "defective" part, this testimony, alone, is insufficient to demonstrate the necessary intent required under this doctrine. On this basis, we find plaintiffs' final issue without merit.
VI.
In conclusion, we affirm the trial court's Orders granting summary judgment to defendants Joseph Scott Wadley, Garnertown Speedway, and/or Joseph Scott Wadley d/b/a Garnertown Speedway, and Wayne Moore. Costs are assessed against plaintiffs, Charles Leatherwood and Shelby Leatherwood, and their sureties.
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