Legal Opinion
Souza v. Fred Carries Contracts, Inc.
Court of Appeals of Arizona
Decided April 17, 1997No. 2 CA-CV 96-0260PublishedCited by 24 opinions
1Opinion of the Court
OPINION
PELANDER, Presiding Judge.
This case raises an issue of first impression in Arizona: the effect of unintentional destruction of relevant evidence after suit has been filed in a negligence action. 1 Concluding that plaintiff/appellant Donna Souza’s failure to preserve crucial evidence precluded her from establishing a prima facie case and deprived defendant/appellee Fred Carries Contracts, Inc. (FCCI) of an opportunity to mount an effective defense, the trial court granted summary judgment for FCCI. For the reasons stated below, we reverse and remand.
FACTS AND PROCEDURAL BACKGROUND
We…
2Cases cited40 opinions
- Orme School v. ReevesArizona Supreme Court · 1990
- Ontiveros v. BorakArizona Supreme Court · 1983
- Vodusek v. Bayliner Marine Corp.Court of Appeals for the Fourth Circuit · 1995
- Nellie F. Welsh, Administratrix of the Estate of Francis John Welsh, Deceased, and Nellie Welsh, Individually v. United StatesCourt of Appeals for the Sixth Circuit · 1988
- Kenneth Gumbs and Yvonne Gumbs v. International Harvester, Inc.Court of Appeals for the Third Circuit · 1983
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3Cited by24 opinions
- Lea Ann Tatham v. Bridgestone Americas Holding, Inc.Tennessee Supreme Court · 2015
- CDT, Inc. v. Addison, Roberts & Ludwig, C.P.A., P.C.Court of Appeals of Arizona · 2000
- McMurtry v. Weatherford Hotel, Inc.Court of Appeals of Arizona · 2013
- Pleak v. Entrada Property Owners' Ass'nCourt of Appeals of Arizona · 2003
- Strawberry Water Co. v. PaulsenCourt of Appeals of Arizona · 2008
19 more not listed; retrieve them via the Exa API.