Rodda v. Joy Mining Machinery

MEMORANDUM OPINION

SHARON LOVELACE BLACKBURN, District Judge.

This case is before the court on defendant EBM-Papst, Inc.’s Motion to Dismiss *1157(Pro Tanto) Based Upon Spoliation of Evidence. (Doc. 22.)1 Upon consideration of the record, the submissions of the parties, the arguments of counsel, and the relevant law, the court is of the opinion that the Motion is due to be denied.

FACTUAL BACKGROUND

This products liability case arises from an accident involving an alleged runaway mine car. When the “shuttle car” crashed into the rib of a passageway, a large rock fell and pinned plaintiff in the car.…