· 3/10/2004
Michelle Hodge v. Wal-Mart Stores, Incorporated
Citations
- 360 F.3d 446
- 64 Fed. R. Serv. 200
- 2004 U.S. App. LEXIS 4580
- 2004 WL 434011
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that even when a federal court sits in diversity jurisdiction “the decision to impose . . . a sanction [for spoliation of evidence] is governed by federal law”
- requiring plaintiff to show that defendant knew of a hazard in the time “immediately preceding” the plaintiff’s injury to establish actual knowledge
- affirming decision to grant summary judgment where plaintiff had no evidence to prove the condition existed sufficiently long for a jury to conclude the defendant had notice of it
- “[I]f the cause of the event is left to conjecture, guess, or random judgment, the plaintiff cannot recover.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Wilkinson, Luttig, Traxler
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.