MacE v. Ford Motor Company

In this appeal from the Circuit Court of Kanawha County, we are asked to review a summary judgment order dismissing a negligent spoliation lawsuit against an insurance company.

As set forth below, we affirm the circuit court’s order.

I

On February 4, 2002, appellant (and plaintiff below) Terry Mace was injured in a single-vehicle accident when the 1994 Ford Explorer that she was driving went out of control and rolled over. 1 Ms. Mace’s Explorer was insured by the appellee (and defendant below) Liberty Mutual Insurance Company, Inc. (“Liberty Mutual”).

Within hours, Liberty Mutual was notified of…