Kelley et al v. Hyundai Motor Company et al

Filing 89

ORDER denying 76 Motion to Strike Door Latch Opinions Due to Spoliation. Signed by Judge James M. Moody on 5/16/11. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
KRISTINA LEE KELLEY, Individually
and as Personal Administrator for the
ESTATE OF CAITLIN KELLEY FUCHS;
CASI RIGGS AND COURTNEY FUCHS
V.

PLAINTIFF

NO: 4:09CV000894 JMM

HYUNDAI MOTOR COMPANY;
HYUNDAI MOTOR AMERICA, INC;
and JOHN DOES 3 - 10

DEFENDANTS
THIRD-PARTY PLAINTIFFS

V.
JOSEPH GERKE

THIRD-PARTY DEFENDANT

ORDER
Pending is Defendants’ motion to strike the door latch opinions of Dr. L.D. Ryan due to
spoliation. (Docket # 76). Having considered the Defendants’ motion and the Plaintiffs’ response,
the Court finds that the motion should be, and hereby is, DENIED.
IT IS SO ORDERED this 16th day of May, 2011.

___________________________________
James M. Moody
United States District Judge