Donohoe v. American Isuzu Motors, Inc.

157 F.R.D. 238, 1994 U.S. Dist. LEXIS 14062, 1994 WL 539316
District Court, M.D. Pennsylvania·Decided September 13, 1994·No. No. 3:CV-92-0839·Published·Cited by 7 cases

Opinion

MEMORANDUM

McCLURE, District Judge.

BACKGROUND:

On June 19,1992, plaintiff Rachel L. Dono-hoe initiated this action by filing a complaint against defendants American Isuzu Motors, Inc., and Isuzu Motors, Ltd. (collectively, “Isuzu”). Plaintiff alleges that she was involved in a single-vehicle accident while driving a 1986 Isuzu Trooper II designed, manufactured, assembled and/or sold by Isuzu. The accident occurred on November 25,1988, in Moreland Township, Lycoming County, Pennsylvania. An amended complaint was filed on March 11, 1994, alleging causes of action including: strict product liability (Count I), negligence (Count II), and breach of implied warranties (Count III), and for punitive damages (Count IV).

Before the court are: a motion by defendants for partial summary judgment on plaintiffs claim that a defect in the seat belt design caused or contributed to her injuries; plaintiffs motion for leave to conduct an examination of evidence; plaintiffs motion to compel production of documents; and plaintiffs motion to allow attendance of plaintiffs representatives at any crash testing to be performed by defendant’s experts.

DISCUSSION

I. SUMMARY JUDGMENT STANDARD OF REVIEW

Summary judgment is appropriate if the “pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. ” Fed.R.Civ.P. 56(c) (emphasis added).

... [T]he plain language of Rule 56(c) mandates the entry of summary judgment, after adequate time for discovery and upon motion, against a party who fails to make a showing sufficient to establish the existence of an element essential to that par[240]*240ty’s case, and on which that party will bear the burden of proof at trial. In such a situation, there can be ‘no genuine issue as to any material fact,’ since a complete failure of proof concerning an essential element of the nonmoving party’s case necessarily renders all other facts immaterial. The moving party is ‘entitled to judgment as a matter of law’ because the nonmoving pai’ty has failed to make a sufficient showing on an essential element of her case with respect to which she has the burden of proof.

Celotex v. Catrett, 477 U.S. 317, 322-323, 106 S.Ct. 2548, 2552, 91 L.Ed.2d 265 (1986).

The moving party bears the initial responsibility of stating the basis for its motions and identifying those portions of the record which demonstrate the absence of a genuine issue of material fact. He or she can discharge that burden by “showing ... that there is an absence of evidence to support the nonmoving party’s case.” Celotex, supra, 477 U.S. at 323, 325, 106 S.Ct. at 2552, 2554.

Issues of fact are genuine “only if a reasonable jury, considering the evidence presented, could find for the non-moving party.” Childers v. Joseph, 842 F.2d 689, 694 (3d Cir.1988) (citing Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249, 106 S.Ct. 2505, 2510, 91 L.Ed.2d 202 (1986)). Material facts are those which will affect the outcome of the trial under governing law. Anderson, supra, 477 U.S. at 248,106 S.Ct. at 2510. In determining whether an issue of material fact exists, the court must consider all evidence in the light most favorable to the non-moving party. White v. Westinghouse Electric Company, 862 F.2d 56, 59 (3d Cir.1988).

II. ISUZU’S MOTION FOR PARTIAL SUMMARY JUDGMENT

In their motion for partial summary judgment regarding plaintiffs seatbelt claims, defendants claim that plaintiff should be precluded from introducing any evidence regarding seatbelt defects based upon spoliation of evidence. Isuzu claims that plaintiffs experts destroyed the seatbelts when a part of the seatbelt was disassembled for examination. The testing was performed by plaintiffs liability expert, Alan Cantor of ARCCA, Inc., and his associate, Donald Eisentraut.

The court held a two-day evidentiary hearing on defendants’ motion on August 17 and 18, 1994. At the conclusion of defendants’ testimony on them case in chief, the court denied defendants’ motion, finding the evidence presented insufficient as a matter of law to demonstrate that probative evidence was in any way destroyed or altered by plaintiffs testing or that such testing rendered it impossible, or even more burdensome, for defendants to refute the seat belt design defect theory advanced by plaintiff.

The reasons for the denial were summarized at the conclusion of the hearing, and we write only to expand upon the reasons stated at that time.

A. Spoliation of Evidence

The Third Circuit has determined that it need not decide whether this issue is substantive, and therefore governed by Pennsylvania products liability law, or procedural, and therefore governed by federal evidentia-ry rules and procedure, since the result would be the same no matter which applied. Schmid v. Milwaukee Electric Tool Corp., 13 F.3d 76, 78 (3d Cir.1994).

Under both Pennsylvania substantive law and federal evidentiary law, trial courts have the power to sanction a party who destroys or alters relevant evidence, generally referred to as spoliation of evidence. Id. See also Schwartz v. Subaru of America, Inc., 851 F.Supp. 191, 192-193 (E.D.Pa.1994). The Third Circuit stated that whether sanctions are appropriate and the level of sanctions warranted is determined by the following:

1) the degree of fault of the party who altered or destroyed the evidence;
2) the degree of prejudice suffered by the opposing party; and
3) the degree of sanction necessary to avoid substantial unfairness to the opposing party and, if the offending party is [241]*241seriously at fault, to deter such conduct by others in the future.

Schmid, 13 F.3d at 79 (citations omitted).

Sanctions imposed vary depending upon how egregious the conduct was, the impact it will have on the opposing party, etc. The court may, for example, invoke a “spoliation inference,” informing the jury that it may infer that the party who destroyed or altered evidence did so because it would have been unfavorable to his side. Schmid, 13 F.3d at 78 (citing, inter alia, Nationwide Check Corp. v. Forest Hills Distributors, Inc., 692 F.2d 214 (1st Cir.1982) (Breyer, J.)).

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Donohoe v. American Isuzu Motors, Inc., 157 F.R.D. 238, 1994 U.S. Dist. LEXIS 14062, 1994 WL 539316 (M.D. Pa. 1994).

157 F.R.D. 238 (Donohoe v. American Isuzu Motors, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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