RESTAURANT MANAGEMENT COMPANY d/b/a Long John Silver's and St. Paul Fire and Marine Insurance Company, Plaintiffs-Appellants,
v.
KIDDE-FENWAL, INC., Hobart Corporation, Vance Galloway d/b/a Quality Heating, Air Conditioning and Refrigeration of Carlsbad and Fire Safety Industries, Inc., Defendants-Appellees.
Court of Appeals of New Mexico.https://leagle.com/images/logo.png
June 24, 1999.
June 24, 1999.
Attorney(s) appearing for the Case
Robert J. Mroz, Shannon A. Parden, Madison, Harbour, Mroz & Brennan, P.A., Albuquerque, for Appellants.
Stuart D. Shanor, Rebecca Zuschlag, Hinkle, Cox, Eaton, Coffield & Hensley, L.L.P., Roswell, for Appellee Hobart Corporation.
Victoria Davis Armstrong, Atwood, Malone, Turner, & Sabin, P.A., Roswell, for Appellee Vance Galloway d/b/a Quality Heating, Air Conditioning and Refrigeration of Carlsbad.
Kim E. Kaufman, Albuquerque, Leroi Farlow, the Farlow Law Firm, Albuquerque, for Appellee Fire Safety Industries, Inc.
Robert G. McCorkle, Jeffrey M. Croasdell, Rodey, Dickason, Sloan, Akin & Robb, P.A., Albuquerque, for Appellee Kidde-Fenwal, Inc.
Court of Appeals of New Mexico.
OPINION
BUSTAMANTE, J.
{1} This case requires us to examine the scope and manner of exercise of a court's inherent power to sanction litigants for spoliating evidence before initiating litigation. Plaintiffs appeal the dismissal of their suit, which they filed against Defendants for damages caused by a fire at a restaurant in Carlsbad, New Mexico. Before filing suit, Plaintiffs allowed a fire-suppression...
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