Wednesday, November 13, 2019 - Las Vegas - J.Pickering, J.Parraguirre, and J.Cadish

MDB Trucking, LLC vs. Versa Products Co., Inc. C/W 75319/75321/76395/76395/76397
Docket Number: 75022
Las Vegas - 1:30 p.m. - Northern Nevada Panel

These consolidated cases all stem from a traffic accident in which one of MDB Trucking’s trailers spilled gravel onto Interstate 80, causing damage to vehicles and injuries to passengers.  In three separate district court cases, the passengers sued MDB Trucking, and MDB Trucking filed cross-claims for contribution against Versa Products, which manufactured a valve on the door to the trailer that spilled the gravel.  Thereafter, MDB Trucking settled with the passengers in all three cases.  Subsequently, Versa Products moved to strike MDB Trucking’s cross-claims on the ground that MDB Trucking had spoliated evidence, in that MDB Trucking’s mechanics had replaced wiring connected to the valve after the accident and did not keep the wiring that had been replaced.  The district court granted Versa Products’ motion and struck MDB Trucking’s cross-claim in all three cases.

ISSUES:

MDB Trucking then appealed those three orders (Docket Nos. 75022, 75319, 75321), arguing that case-concluding sanctions were unjustified. Versa Products then moved for costs and attorney fees.  The district court partially granted Versa Products’ request for costs and denied its request for attorney fees.  MDB Trucking then appealed those three orders (Docket Nos. 76395, 76396, 76397), arguing that the award of costs was excessive.  Versa Products cross-appealed those same three orders, arguing that more costs should have been awarded and attorney fees should have been awarded.

Disclaimer:

This synopsis is intended to provide only general information about this case before the Nevada Supreme Court.  It is not intended to be all-inclusive or reflect all positions of the parties.  To access the documents that have been filed in this matter, type the docket number into the court’s case search page: https://caseinfo.nvsupremecourt.us/public/caseSearch.do