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AETNA LIFE AND CASUALTY CO. v. IMET MASON CONTRACTORS

309 N.J. Super. 358 (1998)

AETNA LIFE AND CASUALTY CO., AS SUBROGEE OF BAKER COMPANIES, INC., PLAINTIFF-APPELLANT, v. IMET MASON CONTRACTORS AND/OR I & B MASONRY, INC. AND/OR IMET BAJRAMI, J.M.R. CONCRETE OF LONG ISLAND CORP. AND/OR JMR CONSTRUCTION COMPANY, BARNES CHEVROLET, PARDY FARMS SERVICE CENTER AND/OR PARDY FARMS SERVICE STATION, DEFENDANTS, AND FORD MOTOR COMPANY AND SIMON MOTORS AND MACHINE CO., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided March 31, 1998.

Attorney(s) appearing for the Case

Michael Huber, argued the cause for appellant (Freeman, Barton & Huber, attorneys; Mr. Huber, on the brief).

C. Scott Toomey, argued the cause for respondent Ford Motor Company (White & Williams, attorneys; Thomas M. Hinchey, on the brief)

Kenneth E. Pogash, argued the cause for defendant-respondent Simon Motors and Machine Company (Elliot N. Fabricant, attorney; Mr. Pogash, of counsel and on the brief).

Before Judges NEWMAN, COLLESTER and LESEMANN.

The opinion of the court was delivered by NEWMAN, J.A.D.

Plaintiff, Aetna Life and Casualty Company (Aetna), appeals from the orders granting defendants, Ford Motor Company (Ford Motor) and Simon Motors and Machine Co. (Simon Motors), summary judgment, arguing that the motion judge erred by dismissing plaintiff's complaint, on the ground of spoliation of evidence prior to the completion of discovery. We affirm.

Aetna is the insurance carrier for Baker Companies...

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