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· 2/13/1997

Robert J. SACRAMONA, Plaintiff, Appellant, v. BRIDGESTONE/FIRESTONE, INC., and the Budd Company, Defendants, Appellees

Citations

  • 106 F.3d 444
  • 46 Fed. R. Serv. 541
  • 1997 U.S. App. LEXIS 2408
  • 1997 WL 53053

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • recognizing that courts have the inherent authority to sanction a party for spoliating evidence to prevent prejudice to the nonspoliating party
  • recognizing that courts have the inherent authority to sanction a party for spoliat-ing evidence to prevent prejudice to the nonspoli-ating parly
  • noting that “[although deterrence may play a role, the primary aim is remedial, at least absent willful destruction”
  • affirming summary judgment in favor of defendant on warranty claim because the alleged defective product and other materials might have been salvaged had plaintiff given notice earlier than three years after the accident at issue
  • “[B]ad faith is a proper and important consideration in deciding whether and how to sanction conduct resulting in the destruction of evidence.”
  • “[A] plaintiff must give reasonably prompt notice of his warranty claim to the potential defendant; if he fails to do so, and the defendant is thereby prejudiced, the warranty claim is barred even if it is brought within the statute of limitations.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Selya, Aldrich, Boudin

Read full opinion on CourtListener

Sourced 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.