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Keywords

lawsuitlitigationattorneyliabilityappealproduct liabilitysustained
lawsuitlitigationattorneyliabilitycorporationproduct liability

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Silvestri v. General Motors Corp., 271 F.3d 583, 51 Fed.R.Serv.3d 694

Facts

On November 5, 1994, Mark Silvestri crashed a Chevrolet Monte Carlo into a utility pole while intoxicated. The airbag did not deploy, and Silvestri sustained severe facial injuries. After the accident, Silvestri's attorney and experts inspected the vehicle but failed to preserve it or notify General Motors of the claim. The vehicle was repaired and sold, preventing General Motors from inspecting it, which led to the dismissal of Silvestri's lawsuit for spoliation of evidence.

Mark Silvestri filed this products liability action against General Motors Corporation, alleging that the airbag in a 1995 Chevrolet Monte Carlo he was driving did not deploy as warranted when he crashed into a utility pole and that, as a result, his injuries from the accident were enhanced.

Issue

Did Silvestri have a duty to preserve the vehicle, and was the dismissal of his lawsuit due to spoliation of evidence an appropriate sanction?

Did Silvestri have a duty to preserve the vehicle, and was the dismissal of his lawsuit due to spoliation of evidence an appropriate sanction?

Rule

A party has a duty to preserve material evidence that may be relevant to anticipated litigation, and failure to do so can result in sanctions, including dismissal, if the opposing party is prejudiced.

Spoliation refers to the destruction or material alteration of evidence or to the failure to preserve property for another's use as evidence in pending or reasonably foreseeable litigation.

Analysis

The court found that Silvestri and his attorney were aware of the need to preserve the vehicle as evidence for the anticipated lawsuit against General Motors. Despite this knowledge, they failed to take any steps to notify General Motors or preserve the vehicle, which was crucial for the defense. The court concluded that this failure severely prejudiced General Motors' ability to defend against the product defect claim.

The court found that Silvestri and his attorney were aware of the need to preserve the vehicle as evidence for the anticipated lawsuit against General Motors. Despite this knowledge, they failed to take any steps to notify General Motors or preserve the vehicle, which was crucial for the defense.

Conclusion

The Court of Appeals affirmed the district court's dismissal of Silvestri's lawsuit, agreeing that the spoliation of evidence was highly prejudicial to General Motors and that the sanction of dismissal was justified.

Affirmed.

Who won?

General Motors prevailed in the case because Silvestri's failure to preserve the vehicle hindered their ability to defend against the product liability claim.

General Motors prevailed in the case because Silvestri's failure to preserve the vehicle hindered their ability to defend against the product liability claim.

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