The plaintiff sued an insurance company for spoliation of evidence (failing to preserve an automobile in which the plaintiff was injured). The insurance company alleged the plaintiffs’ own lawyers were negligent in failing to ensure the evidence was preserved. The lawyers brought a successful motion to strike the third party claim, and the decision was affirmed on appeal. The court held that since the lawyers were agents for the plaintiffs, any fault by the lawyers was really fault attributable to the plaintiffs. Therefore, the defendant insurer was entitled to claim contributory negligence against the plaintiffs, but the insurer was not allowed to claim contribution and indemnity against the lawyers.
