Smith v. Superior Court (Abbott Ford)
151 Cal.App.3d 491 (1984)
Nature of the Case
To access this section all you need to do is click here and register.
Facts
Smith (P) was hurt when a wheel from another vehicle crashed through her windshield. P sued Abbot Ford (D), the company responsible for the wheel that caused her injuries. P and D agreed that D would retain custody of the wheel. However, D misplaced the wheel after delivery. P wanted to change her complaint to include the intentional spoliation of the evidence. The trial court held that no cause of action existed and sustained D's demurrer. P petitioned for a writ of mandate overturning the trial court.
Support@ bsmsphd.com
Casebriefs Co