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Farrell v. Connetti Trailer Sales Inc.3/17/1999
Introduction
Spoliation of key evidence -- namely, a motor home -- resulted in the Superior Court's dismissal of this lawsuit. The plaintiffs, William Farrell and Barbara Farrell (the Farrells), sued the defendants, Connetti Trailer Sales, Inc. (Connetti) and Fleetwood Enterprises, Inc. (Fleetwood), for damages allegedly caused by defective repairs to their motor home. Because the Farrells arranged for a bank to repossess the motor home before they filed this suit, Connetti and Fleetwood were unable to inspect the vehicle after the lawsuit began to determine whether the repairs were defective, as the Farrells alleged. The defendants successfully moved in limine to preclude the Farrells from introducing any evidence about the condition of the motor home after Connetti had performed the initial repairs to the vehicle. Without that evidence, the Farrells' case was doomed, and the court's dismissal of their claims followed hard by this preclusive ruling. The Farrells now appeal from the entry of judgment for the defendants.
We ordered the parties to show cause why we should not decide this appeal summarily without further briefing and argument. None having been shown, we proceed to vacate the dismissal of this action and to remand the papers in this case for a new trial. Our reasons for doing so are set forth below.
Facts and Travel
In March 1989, the Farrells purchased a 1989 Pace Arrow motor home for the amount of $74,164. They bought the motor home from Connetti, a Rhode Island retailer of motor homes and trailers. Fleetwood manufactures Pace Arrow motor homes and its principal office is located in California. In October 1989, pursuant to a recall notice, the Farrells returned the motor home to Connetti to replace the rear tag axle. The Farrells allege that Connetti performed these repairs improperly, causing suspension problems that dogged them for the next two and a half years that they owned the vehicle. As the Farrells were traveling to the west coast in the month following the repair work, they noticed a squeaking noise in the rear of their motor home and experienced unusual vibrations when they drove the vehicle. The Farrells claim that the constant vibrations caused damage to the interior of the vehicle by jolting fixtures out of place. In late November 1989, they brought the motor home to Findlay's R.V. Center, Inc. (Findlay's) in Las Vegas, Nevada to have these problems checked. After consulting with Fleetwood representatives, Findlay's repaired the rear tag axle. According to the Farrells, a Findlay's mechanic told them that Connetti had performed the repairs improperly under the recall program. Fleetwood eventually authorized and paid for the repairs to the axle, but did not initially approve of, nor pay for, any repairs to the interior of the vehicle.
The Farrells continued to experience problems with the motor home, including constant vibrations while they were driving; a squeaking floor; various doors, drawers, and other cabinetry being out of square; a leaking skylight; a loose table; a couch and window that would not close properly; as well as sundry other troubles. As a result, the Farrells contacted a Fleetwood warranty representative in the spring of 1990 concerning alleged continuing problems with the suspension and sought reimbursement for the interior repairs made by Findlay's. Eventually, Fleetwood agreed to reimburse the Farrells for those repairs. By late 1991, the Farrells were living in Florida in the motor home. At that time, they complained to the Bank of the West (bank), the institution that had financed the motor home, about their ongoing difficulties with the vehicle. Through a suggestion made by the bank, the Far
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