Legal Opinion

Remy v. Ford Motor Co.

Superior Court of The Virgin Islands

Decided November 30, 2006No. Case No. SX-95-CV-357PublishedCited by 1 opinion

1Opinion of the CourtDonohue, Judge

MEMORANDUM OPINION

(November 30, 2006)

This matter is before the Court on Third-Party Defendant Ford Motor Company’s Motion to Dismiss for Spoliation of Evidence or, in the alternative for Lack of Prosecution. For the following reasons, Defendant’s motion is GRANTED on both grounds.

*144I. BACKGROUND

In this action for damages, original Plaintiffs Clarence and Carrol Nathaniel (“Nathaniels”) allege that on March 29, 1994, they were passengers in a 1993 Ford Ranger pickup truck (“truck” or “vehicle”) with Louis Remy (“Remy”) when Remy lost control of his vehicle, ran off the shoulder of the road and…

2Cases cited31 opinions

  1. Link v. Wabash RailroadSupreme Court of the United States · 1962
  2. Chambers v. Nasco, Inc.Supreme Court of the United States · 1991
  3. Lefteri Poulis and Athena Poulis, His Wife v. State Farm Fire and Casualty CompanyCourt of Appeals for the Third Circuit · 1984
  4. Fujitsu Limited v. Federal Express CorporationCourt of Appeals for the Second Circuit · 2001
  5. Robert F. Byrnie v. Town of Cromwell, Board of Education, Body Corporate Cromwell Board of Education Body CorporateCourt of Appeals for the Second Circuit · 2001

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3Cited by1 opinion

  1. Molloy v. Independence Blue CrossSupreme Court of The Virgin Islands · 2012

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