DEROSIER v. COOPER TIRE & RUBBER CO.

No. 4D01-682.

819 So.2d 143 (2002)

Wisner DEROSIER and Marie Derosier, individually, and as husband and wife, and Wisner Derosier, as the Personal Representative of the Estate of Wisny Derosier, a minor, deceased, Appellants, v. COOPER TIRE & RUBBER COMPANY, John Doe Distributor, National Tire Warehouse n/k/a National Tire & Battery, and Sears, Roebuck and Company, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied June 20, 2002.


Attorney(s) appearing for the Case

Kimberly L. Boldt of Boldt & Associates, P.A., Fort Lauderdale, and Lesser & Lesser, P.A., West Palm Beach, for appellants.

Lisa Berlow-Lehner and Frederick J. Fein of Thornton, Davis & Fein, P.A., Miami, for appellees.


TAYLOR, J.

In this products liability suit involving an alleged tire defect, the plaintiffs ("the Derosiers") appeal a summary final judgment entered in favor of the defendants (collectively "Cooper Tire"). The Derosiers contend that the trial court erred in entering summary judgment for Cooper Tire based on spoliation of the evidence. We agree and reverse.

On March 17, 1997, Wisner Derosier was driving north on the Florida Turnpike from Miami to West Palm...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases