Holmes v. Amerex Rent-A-Car

GALLAGHER, Senior Judge:

In this ease we answer the following two certified questions of law from the United States Court of Appeals for the District of Columbia Circuit: 1

Under District of Columbia law, may a plaintiff recover against a defendant who has negligently or recklessly destroyed or allowed to be destroyed evidence that would have assisted the plaintiff in pursuing a claim against a third party?

If a plaintiff may proceed under such a theory, what standard of proximate cause must he meet?

Certification of Question of Law, 113 F.3d 1285, No. 96-7182 (D.C.Cir.1997).

In response to the…