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Posted by: Chandra Williams on Oct 30, 2015

Head Comment: With concurring opinion.

Court: TN Supreme Court

Attorneys 1:

Emily Turner Landry, Julia Kavanagh, and George T. Lewis, Memphis, Tennessee, for the appellants, Bridgestone Retail Operations, LLC and GITI Tire (USA) Ltd.

Attorneys 2:

Donald D. Zuccarello, Jay W. Hicks, and Kimberly Stark, Nashville, Tennessee, for the appellee, Lea Ann Tatham.

Judge(s): BIVINS

This products liability case arises out of an accident which resulted from the failure of a tire purchased less than three months before the accident. As a result of the accident, the plaintiff?s vehicle was totaled. Subsequently, the entire vehicle, including the tire, was destroyed. This case presents the following issues for review: (1) whether the trial court abused its discretion by refusing to dismiss this case as a sanction for spoliation of evidence; (2) whether the trial court erred in denying summary judgment to the Defendants on the issues of causation and whether the tire was defective or unreasonably dangerous; and (3) whether the trial court erred in denying summary judgment on the issue of the application of the apparent manufacturer doctrine. Upon a thorough review of the record and the applicable law, we conclude that the trial court did not err with respect to any of these issues. Accordingly, we affirm the judgment of the trial court.