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Allstate Insurance Co. v. Ford Motor Company11/2/2000
AFFIRMED.
Woodard, J., concurs in the result.
AMY, Judge.
Plaintiff filed suit seeking reimbursement from the defendant for the amount of a claim paid to an insured after the insured's pick-up truck caught fire and burned beyond repair. The plaintiff alleged that the truck manufactured by the defendant contained a defect in the steering column which allegedly caused the fire. The trial court granted judgment in favor of the plaintiff, and the defendant appealed. Thereafter, the plaintiff moved to have the defendant assessed with court costs and expert witness fees. The trial court awarded the plaintiff $1000.00 in expert witness fees plus court costs. From this latter judgment the plaintiff appeals. For the following reasons, we affirm both judgments.
Factual and Procedural Background
In May of 1995, Timothy Leger purchased a new 1995 Ford Ranger pick-up truck which he had insured by Allstate Insurance Company (Allstate). On October 9, 1995, while parked at a friend's home, the truck was damaged by a fire which allegedly started in the truck's cab area. After reviewing Mr. Leger's claim for property damage, Allstate paid the lienholder of the truck $14,311.00 and $200.00 to Mr. Leger for personal effects lost in the fire. In return, Allstate assumed the title to the truck and was assigned all rights to pursue a claim for reimbursement of the monies paid on the claim.
In October of 1995, Arthur Marchand, an Allstate claims handler, inspected the truck in an attempt to determine the cause of the accident. Unable to reach a conclusive determination as to the cause of the fire, Mr. Marchand contacted Glenn Bolton, a fire cause and origin investigator for System Engineering and Laboratories (SEAL). After his investigation, Mr. Bolton determined that the point of origin of the fire was located in the steering column and suspected that the fire was caused by a defect in the ignition switch wiring. Mr. Bolton requested, and was granted, permission to remove the steering column to aid in his investigation. Thereafter, the truck was sold for parts in March of 1996.
On October 4, 1996, Allstate instituted a claim for property damage against Ford Motor Company alleging that Mr. Leger's truck contained "latent and/or hidden manufacturing defects" which had "caused damage to the truck and rendered it unreasonably dangerous for normal use."
On October 9, 1997, Ford filed a motion seeking sanctions against Allstate for allegedly spoliating evidence material to its defense against the manufacturing defect claim. Ford asserted that Allstate intentionally destroyed relevant evidence when it sold the truck for scrap. Ford alleged that on December 15, 1995, its office of general counsel sent a letter to the Allstate claims adjuster, Mr. Marchand, requesting the location of the vehicle and advising Allstate that "all necessary steps should be taken to ensure that the subject vehicle and all of its component parts are maintained and preserved for trial." The motion requested a dismissal of the case or, alternatively, to bar Allstate's expert witnesses from testifying and impose an adverse presumption against Allstate that had the truck been presented it would have been adverse to its claim. After conducting a contradictory hearing, the trial judge denied the motions. However, the trial judge in oral reasons noted that although he was denying the motion, he would not rule on the admissibility of Allstate's expert testimony. He stated that the trial judge hearing the case could make whatever decision he wanted to relative to the introduction of that testimony.
On July 30, 1999, Ford filed a second motion requesting tha
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