$17,500

Case Details

Motorist brought action against owner and operator of other automobile to recover damages arising out of automobile collision. The Eleventh Judicial District Court, Flathead County, James Salansky, J., entered judgment in favor of operator and passenger of other automobile and against owner of other automobile, and appeals were taken. The Supreme Court, Sheehy, J., held that: (1) evidence sustained finding that plaintiff motorist suffered actual damages as result of defendant owner's conduct in destroying critical physical evidence relating to plaintiff's theory of the case; (2) evidence sustained finding that defendant operator of automobile and his passenger were not negligent in connection with the collision at issue; and (3) award of $17,500 damages assessed against owner of automobile was not excessive. Affirmed.

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