Inspection of Evidence at Accident Site Does Not Create a Duty to Preserve

The Illinois Supreme Court recently confirmed that a party owes no affirmative duty to preserve potential evidence in advance of litigation.  In Martin v. Keeley & Sons, Inc., the Plaintiffs, employees of Defendant Keeley, were working to construct a bridge over Maxwell Creek in Randolph County, Illinois.  While they were working, the concrete I-Beam they…