# Joyner v. Aetna Casualty & Surety Company

> Supreme Court of Louisiana · June 28, 1971 · 259 La. 660

URL: https://www.frixlaw.com/law-library/cases/9527380

## Case

- **Full name:** Charles W. JOYNER, Plaintiff-Appellee-Respondent, v. AETNA CASUALTY & SURETY COMPANY; Arthur W. BECK, Jr. and United States Fire Insurance Company, Defendants-Third-Party Plaintiffs, Appellants-Relators, v. WEDGEWOOD PARK CONSTRUCTION CO., Morehead Pools, Ltd., Et Al., Third-Party Defendants, Appellees-Respondents
- **Court:** Supreme Court of Louisiana
- **Decided:** June 28, 1971
- **Citations:** 259 La. 660; 251 So. 2d 166; 1971 La. LEXIS 4301
- **Precedential status:** Published
- **Opinion:** Concurrence by Hamlin
- **Judges:** Tate, Hamlin, Dixon
- **Cited by:** 29 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9527380

## Opinion text

HAMLIN, Justice
(concurring).
I note that in Footnote No. 3 of the majority opinion, it is stated: “Unfortunately, Moorehead’s employees, upon removing the broken fulcrum, had sent it to the city dump on the day of or the day after the accident. Therefore, this fulcrum could not be located when searched for three weeks after the accident.” This statement in the Footnote, in my view, is very important in resolving the issues in this case.
Moorehead’s employees were the Company’s agents; Moorehead, through its employees, disposed of this vital evidence. It is my further view that Moorehead should have been more attentive to this accident. It leaps to the mind that this was *677 crucial evidence upon which it could have built a defense in this case. Failing to preserve this evidence, it must bear the result of its own inattentiveness, negligence, laches, call it what one will. Therefore, resort to secondary evidence, photographs, became necessary.
Under the circumstances, I respectfully concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9527380. Public record. Not legal advice.