Solutions for:Law SchoolsLaw Firms
Sign up through your institution
Logourl black

Silvestri v. General Motors Corp.

United States Court of Appeals for the Fourth Circuit
271 F.3d 583 (4th Cir. 2001)

Facts

Silvestri (plaintiff) sustained serious injuries when he crashed his landlady’s car while driving intoxicated and at a high rate of speed. Silvestri contended that he would not have been injured had the airbag deployed. However, neither Silvestri nor his attorney made an effort to preserve the vehicle or to notify General Motors (defendant) for three years after the accident until Silvestri filed his claim. The district court dismissed the complaint on the grounds that Silvestri was responsible for the spoliation of the evidence, and Silvestri appealed.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision. To access this section, start your 7-day free trial of Quimbee for Law Students.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question. To access this section, start your 7-day free trial of Quimbee for Law Students.

Holding and Reasoning (Niemeyer, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, start your 7-day free trial of Quimbee for Law Students.

Access This Case Brief for Free
With a 7-Day Free Trial Membership

Here's why 109,000 law students rely on our case briefs:

  • Reliable - written by law professors and practitioners not other law students.
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your class - works on your mobile and tablet.
  • 12,715 briefs - keyed to 171 casebooks.
  • Uniform format for every case brief.
  • Written in plain English - not in legalese and not just repeating the court's language.
  • Massive library of related video lessons - and practice questions.
  • Ability to tag case briefs in an outlining tool.
  • Top-notch customer support.