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CITIZENS INS. CO. OF AMERICA v. JUNO LIGHTING, INC.

Docket No. 220622.

635 N.W.2d 379 (2001)

247 Mich. App. 236

CITIZENS INSURANCE COMPANY OF AMERICA, Plaintiff-Appellant, v. JUNO LIGHTING, INC., Defendant-Appellee.

Court of Appeals of Michigan.

Decided August 24, 2001 at 9:00 a.m.

Released for Publication October 31, 2001.

Attorney(s) appearing for the Case

Denise L. Mitcham & Associates by Christopher K. Cooke, Grand Rapids, for the plaintiff.

Smith Haughey Rice & Roegge by Marilyn S. Nickell Tyree, Grand Rapids, for the defendant.

Before TALBOT, P.J., and SAWYER and MARKEY, JJ.

MARKEY, J.

Plaintiff appeals by delayed leave granted from the trial court's orders denying its motion for reconsideration, dismissing its tort claims on the basis of spoliation of evidence, and granting costs and fees to defendant.1 We affirm.

I. FACTS

This case arises from a house fire. Plaintiff is an insurance company suing as subrogee of a homeowner whose house was damaged. Defendant is the manufacturer of a lighting...

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