Gomez

Jose Luis Gomez choked to death at work when his clothing became tangled in a powered posthole digger. A few days later his employer destroyed the posthole digger. Maria G. Gomez (Gomez), Jose’s widow, sued the employer for negligent and intentional spoliation of evidence, alleging that destruction of the posthole digger prevented her from recovering damages in a third party action against its manufacturer. She appeals from the trial court’s order granting the employer’s motion for summary judgment.

The trial court ruled the negligent spoliation cause of action was barred by the exclusive remedy provisions of workers’ compensation law. (Lab. Code, §§ 3600 and 3602.) As to the intentional spoliation cause of action, the trial court ruled that it was barred because Gomez failed to show that the employer acted with the intent to prejudice her chances of prevailing in the third party action. Both rulings were erroneous and we reverse.

Facts and Proceedings

After Jose Gomez’s death, investigators from the Santa Barbara County Sheriff’s Department and the Occupational Safety and Health Administration (OSHA) inspected and photographed both the posthole digger and the tractor…