Simmons, Jannace & Stagg
Simmons, Jannace & Stagg, L.L.P. represented a car dealership in the case entitled Thornhill v. A.B. Volvo, 304 A.D.2d 651 (2d Dep't 2003). In that product liability case, Simmons, Jannace & Stagg won summary judgment for its client. On appeal, Simmons, Jannace & Stagg was successful in having the dismissal of plaintiff's complaint affirmed.
The case involved plaintiff's claim that her leased Volvo had a defective tire rod, which caused her to lose control of the vehicle and strike a guardrail. On its motion to dismiss, Simmons, Jannace & Stagg established that plaintiff allowed the vehicle to be disposed of prior to commencing the action. Simmons, Jannace & Stagg also established that plaintiff was given the opportunity to take possession of the vehicle after the accident, and failed to do so. Accordingly, Simmons, Jannace & Stagg argued that its client was unduly prejudiced by plaintiff's spoliation of evidence. The court agreed with Simmons, Jannace & Stagg and dismissed plaintiff's complaint.
On appeal, plaintiff argued that the dismissal of the complaint was a harsh sanction and that the defendants were not prejudiced. However, Simmons, Jannace & Stagg,argued that plaintiff's post-accident photographs and her expert's report could not adequately substitute for the defenses own expert inspection of this vital piece of evidence. The court agreed with Simmons, Jannace & Stagg and affirmed the dismissal of plaintiff's complaint.