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COURTNEY v. BIG O TIRES, INC.

No. 28797.

87 P.3d 930 (2003)

139 Idaho 821

J. Wayne COURTNEY, Plaintiff-Appellant, v. BIG O TIRES, INC., a Nevada corporation; Tbc Corporation, Big "O", a corporation; Terry's Inc. Big O Tires, an Idaho corporation; Continental General Tire, Inc., an Ohio corporation, Defendants-Respondents.

Supreme Court of Idaho, Twin Falls, November 2003 Term.

Rehearing Denied April 6, 2004.

Attorney(s) appearing for the Case

Thomas D. Kershaw, Jr., Twin Falls, for appellant. Thomas D. Kershaw, Jr., argued.

Cantrill, Skinner, Sullivan & King, Boise, for respondent Big O Tires, Inc. Clinton O. Casey argued.

Brassey, Wetherell, Crawford & McCurdy, Boise, for respondent Continental General Tire, Inc. Robert T. Wetherell argued.

EISMANN, Justice.

This is an appeal by the plaintiff challenging a jury instruction providing that if the jury found that certain evidence had been deliberately or negligently lost by one of the defendants, the jury could infer that the evidence was unfavorable to that defendant. We affirm the judgment of the district court.

I. FACTS AND PROCEDURAL HISTORY

In 1991, the plaintiff-appellant Wayne Courtney purchased four new tires in Twin Falls, Idaho...

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