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JOHNSON v. LIBERTY MUT. FIRE INS. CO.

No. 10-1132.

648 F.3d 1162 (2011)

Russell J. JOHNSON and Jennifer Johnson, Plaintiffs-Appellants, v. LIBERTY MUTUAL FIRE INSURANCE COMPANY, a Wisconsin corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

August 17, 2011.

Attorney(s) appearing for the Case

Bradley A. Levin ( Ross B.H. Buchanan , with him on the briefs), Roberts, Levin, Rosenberg, PC, Denver, CO, for Plaintiffs-Appellants.

Hilary D. Wells ( Brian J. Spano , with her on the brief), Rothgerber, Johnson & Lyons, LLP, Denver, CO, for Defendant-Appellee.

Before HARTZ, McKAY, and GORSUCH, Circuit Judges.

GORSUCH, Circuit Judge.

This case is about a pair of missing tail lights and the limits of reasonable foreseeability. Russell and Jennifer Johnson blame Liberty Mutual for failing to hold onto a pair of tail lights that, they say, would have helped them win a personal injury lawsuit they wanted to bring. Problem is, the Johnsons never asked Liberty Mutual to keep the tail lights, never mentioned their intent to sue, and allowed years to pass without a word. Now they...

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