Lawyers at DBMS successfully litigate a wide variety of civil cases and argue appeals in some of the most challenging jurisdictions in the country.

Appellate Product Liability

Norton v. Defendant Insurance Company

04/01/1999
Client:

Defendant Insurance Company

Outcome:

Dismissal of Amended Complaint Affirmed

Synopsis:

The appellate court affirmed the dismissal of plaintiff’s amended complaint which alleged spoliation of evidence.

The appellate court agreed that plaintiff failed to allege a duty owed by defendant to the plaintiff to preserve the evidence — a valve that allegedly would have been the subject of a product liability action.

The court observed that plaintiff had allowed the applicable statute of limitations to run on any products action, and did not allege that he had ever expressed to the defendant insurance company a desire to intervene in a subrogation action that the defendant insurance company had filed against the manufacturer.