A house fire severely injured two individuals, Estella Wofford and Leo Seay. The fire was caused by longstanding electrical problems. The claims made by Wofford and Seay were hampered because the landlord’s insurance company, its investigators and the contractor it hired to remove the fire debris destroyed important evidence, including electrical wires, a fuse box and outlets.
Wofford and Seay filed a lawsuit against the landlord for negligence within two years. However, their spoliation claim was filed more than two years, but less than five years, after the fire and their injuries.
Based on the case of Schusse v. Pace, 334 Ill.App.3d 960 (2002), Wofford and Seay requested that the court apply the five-year deadline that is provided by Section 13-205 of the Illinois Code of Civil Procedure. But the presiding judge decided the case following Babich v. River Oaks Toyota, 377 Ill.App.3d 427 (2007) and dismissed the spoliation claim because it was not filed within the two-year deadline set by Section 13-202 of the Illinois Code of Civil Procedure.