[Download] "Beil V. Lakewood Engineering And Manufacturing Co." by United States Court Of Appeals For The Sixth Circuit # Book PDF Kindle ePub Free
eBook details
- Title: Beil V. Lakewood Engineering And Manufacturing Co.
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 31, 1994
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 73 KB
Description
This case arises out of a house fire in Kentucky. The house was insured by State Automobile Mutual Insurance Company ("State Auto"). State Auto obtained subrogation rights and filed this lawsuit against the manufacturer of a heater believed to have caused the fire. The manufacturer moved for summary judgment based on Rule 37 of the Federal Rules of Civil Procedure because the heater had been discarded by a fire examiner who was hired by State Auto's adjusting agency. The district court granted the manufacturer's motion and dismissed State Auto's claim pursuant to Rule 37 because it held that State Auto was responsible for the loss of an important piece of evidence. State Auto has appealed the dismissal. For the reasons stated below, this court reverses the decision of the district court.