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SULLIVAN v. GENERAL MOTORS CORP.

Civ. A. No. 5:90CV1465.

772 F.Supp. 358 (1991)

Philomena SULLIVAN and John Sullivan, Plaintiffs, v. GENERAL MOTORS CORPORATION, Defendant.

United States District Court, N.D. Ohio, E.D.

On Motion for New Trial August 15, 1991.

Attorney(s) appearing for the Case

Timothy A. Shimko, Sr., Janet Ileen Stich, Shimko, King & Stich, Cleveland, Ohio, for plaintiffs Philomena and John Sullivan.

Norman S. Carr, Amie L. Bruggeman, Roetzel & Andress, Akron, Ohio, for defendant General Motors Corp.

Philip W. Murray, Koch, Regal & Murray, Akron, Ohio, for movant Richard C. Zahn, M.D.

ORDER

ANN ALDRICH, District Judge.

In this product liability case, defendant General Motors seeks a jury charge regarding the "spoliation" of evidence which General Motors contends is critical to its defense. Because the Court concludes that no such jury charge is warranted under either the controlling case law, or the facts of this case, the Court will not charge the jury on spoliation of evidence.

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