JOHNSON v. LIBERTY MUTUAL FIRE INSURANCE COMPANY - August 17, 2011.
This case is about a pair of missing tail lights and the limits of
reasonable foreseeability. Russell and Jennifer Johnson blame Liberty Mutual
for failing to hold onto a pair of tail lights that, they say, would have
helped them win a personal injury lawsuit they wanted to bring. Problem is,
the Johnsons never asked Liberty Mutual to keep the tail lights, never
mentioned their intent to sue, and allowed years to pass without a word. Now
they fault the company for failing to divine their hidden (and perhaps not
yet formed) intentions. Because the Johnsons, quite unsurprisingly, cannot
identify a statutory or contractual basis for their claim, they ask us to
create one for them in the common law of tort. But, we hold, the common law
doesn't require such uncommon foresight.


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Source: http://www.leagle.com/xmlResult.aspx?xmldoc=In FCO
20110817054.xml&docbase=CSLWAR3-2007-CURR
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