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United States District Court for the Eastern District of Michigan, Southern Division
January 10, 2018, Decided; January 10, 2018, Filed
Case No. 16-14169
MEMORANDUM AND ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND DENYING DEFENDANT'S MOTION FOR SANCTIONS FOR SPOLIATION OF EVIDENCE (Doc. 14)1
This is a negligence case. Plaintiff Andrew Strong (Strong) is suing defendant Passport Auto Logistics, LLC d/b/a Passport Transport (Passport) claiming that it damaged the convertible top of his 2006 Ferrari Spider F430 (Ferrari) while it was in its custody. Strong's claim is grounded in state bailment law.
Before the Court is Passport's motion for summary judgment on the grounds that Strong has no admissible evidence showing Passport caused the damage. Also before the Court is Passport's motion for sanctions for spoliation of evidence on the grounds that Strong repaired the convertible top before Passport was given the opportunity to inspect it, thus [*2] preventing the ability to determine the cause of the damage. For the reasons that follow, Passport's motion for summary judgment will be granted and its motion for sanctions will be denied.
The material facts as gleaned from the parties' papers follow:2
Strong purchased the Ferrari in March of 2012 or 2013.
In August 2015, Strong participated in the Ferrari Club of America International Annual Meet, which was held that year in Monterey, California.
On July 28, 2015, Strong delivered the Ferrari to Cauley Ferrari (Cauley), a dealership located in West Bloomfield Township, Michigan.
Cauley arranged for the Ferrari to be shipped to California by Passport.
Passport loaded the Ferrari on August 3, 2015 at Cauley.
Passport delivered the Ferrari to its warehouse in Salinas, California on August 8, 2015.
Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
2018 U.S. Dist. LEXIS 4095 *; 2018 WL 352891
ANDREW STRONG, Plaintiff, vs. PASSPORT AUTO LOGISTICS, LLC d/b/a PASSPORT TRANSPORT, Defendant.
convertible top, transported, interstate, damages, repairs, inspection, top, summary judgment, bailment, carrier, preempted, shipping, warehouse, tonneau