Court Declines To Let Ill. Plaintiffs Amend Complaint to Add Spoliation Count

CHICAGO - Workers suing Chicago's commuter railroad over alleged exposure to mold have been denied leave to amend their complaint to add a count for spoliation of evidence. <i?Denton v. Northeast Illinois Regional Commuter Railroad Corp., No. 02 C 2220. (N.D. Ill.).

Magistrate Judge Geraldine S. Brown said on April 26 that because plaintiffs could not show they relied on the allegedly withheld information and, indeed, filed their complaint without knowing it existed, their spoliation claim could not survive a motion to dismiss.

David Denton and two co-workers sued the Northeast Illinois Commuter Railroad Corp. (METRA) in 2000, complaining they …