In Callahan v. Stanley Works, 306 N.J. Super. 488, 703 A.2d 1014 (Law Div.1977), plaintiff, a Home Depot employee, was injured while moving a pallet of storm doors with a forklift truck. The doors tipped off the forklift and struck plaintiff. 306 N.J. Super. at 491-92, 703 A.2d 1014. Immediately after the accident, Home Depot had taken steps to preserve the pallet. Plaintiff sued Stanley Works alleging negligent packaging of the doors and subsequently added Home Depot as a defendant, claiming that Home Depot lost or destroyed the pallet "which may have been the instrument of the injury." Id. at 492, 703 A.2d 1014. The Law Division concluded that a jury "could find that Home Depot 'should have foreseen that the evidence was material to a potential civil action.'" Id. at 497, 703 A.2d 1014.