Legal Opinion
Vodusek v. Bayliner Marine Corp.
Court of Appeals for the Fourth Circuit
Decided December 6, 1995No. 94-1480PublishedCited by 253 opinions
1Opinion of the Court
Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge MICHAEL and Judge MOTZ joined.
OPINION
NIEMEYER, Circuit Judge:
This personal injury case presents two questions of first impression in this circuit: (1) whether a jury may decide all issues in a case involving both admiralty and law claims, and (2) whether a district court may properly permit a jury to draw an adverse inference from a party’s spoliation of relevant evidence. We resolve both questions affirmatively.
I
In June 1989, Donald Vodusek, Sr., fueled his 28-foot cabin cruiser by siphoning gas from several gas…
2Cases cited12 opinions
- Strawbridge v. CurtissSupreme Court of the United States · 1806
- Dairy Queen, Inc. v. WoodSupreme Court of the United States · 1962
- Ross v. BernhardSupreme Court of the United States · 1969
- Sisson v. RubySupreme Court of the United States · 1990
- Fitzgerald v. United States Lines Co.Supreme Court of the United States · 1963
7 more not listed; retrieve them via the Exa API.
3Cited by253 opinions
- Mark N. Silvestri v. General Motors Corporation, Dfendant-AppelleeCourt of Appeals for the Fourth Circuit · 2001
- In Re Lockheed Martin Corp.Court of Appeals for the Fourth Circuit · 2007
- Blinzler v. Marriott International, Inc.Court of Appeals for the First Circuit · 1996
- Victor Stanley, Inc. v. Creative Pipe, Inc.District Court, D. Maryland · 2010
- Adkins v. WoleverCourt of Appeals for the Sixth Circuit · 2009
248 more not listed; retrieve them via the Exa API.