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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

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Issue

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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.).

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