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2111 REHEARING GRANTED If an attorney's negligence resulted in destruction of evidence that a client needed to win a products liability case, in the client's malpractice action against the attorney, the burden should be shifted to the attorney to show that the client could have won the products liability case without the missing evidence or would not have won the products liability case even had the evidence not been missing.CitationGALANEK v WISMAR (Missing Car) 66 CA4 1493[See: Abeyta v Superior Court 17 CA4 1037, T/AT 10/93; Thomas v Lusk 27 CA4 1709, T/AT 9/94]
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