Citizens Insurance Co. of America v. Juno Lighting, Inc.

Plaintiff appeals by delayed leave granted from the trial court’s orders denying its motion for reconsideration, dismissing its tort claims on the basis of spoliation of evidence, and granting costs and fees to defendant. We affirm.

I. FACTS

This case arises from a house fire. Plaintiff is an insurance company suing as subrogee of a homeowner whose house was damaged. Defendant is the manufacturer of a lighting fixture implicated in the fire. Observations by the homeowner’s fiancée, who was in the house when the fire started, and of the fire captain sent to investigate, suggested the possibility…