Grace, an appellate department, led by Partner David Schultz, successfully argued an appeal before the Nevada Supreme Court, to secure the affirmance of a district court's order dismissing a plaintiff's product liability action against DaimlerChrysler Corporation.  The Nevada Supreme Court's decision in Defer v. DaimlerChrysler Corporation, Nevada Supreme Court Case No. 39397, involved issues concerning a plaintiff's pre-litigation duty to preserve physical evidence that is relevant to his claim against the defendant. 

The plaintiff's action against DaimlerChrysler arose out of a single vehicle accident that was allegedly caused by a defective airbag system that inadvertently deployed while plaintiff was driving his vehicle.  After the accident, plaintiff sold and transferred title to the vehicle to his insurer, without any request or instruction to preserve the vehicle for any subsequent claim.  The vehicle was later junked and dismantled, without the allegedly defective airbag system or any other components of the vehicle preserved.  In the trial court, the firm filed a motion for a terminating sanction, arguing the plaintiff had a duty to preserve the vehicle and the allegedly defective airbag system, and that his failure to do so unduly prejudiced DaimlerChrysler Corporation.  The trial court granted the motion and dismissed the plaintiff's product liability action.  The Nevada Supreme Court then affirmed the terminating sanction and dismissal of the plaintiff's action, holding the plaintiff had a duty to preserve evidence that he knew or should have known was relevant to his product liability claim.  The Nevada Supreme Court also rejected the plaintiff's assertion that a manufacturer has a co-equal duty to preserve evidence that is not within its control.

At the trial court level, Partner Rod Cappy successfully handled and argued the motion for terminating sanction to dismiss the plaintiff's action.  At the appellate level, Partner David Schultz successfully handled the briefing and argument before the Nevada Supreme Court.

To view the Nevada Supreme Court's decision, click here.  To obtain a copy of the Respondent's Brief that was filed on behalf of DaimlerChrysler Corporation in the Nevada Supreme Court, please contact Rod Cappy or David Schultz at (213) 533-5400.