Kang v. Hyundai Corp. (U.S.A.)
| Decision Date | 11 January 1999 |
| Docket Number | No. 05-96-01408-CV,05-96-01408-CV |
| Parties | Young Hee KANG, Appellant, v. HYUNDAI CORPORATION (U.S.A.), Hyundai Motor America d/b/a Hyundai Motor America, Inc., Freeman Investments d/b/a Freeman Oldsmobile, Mazda, And Hyundai, and Hyundai Motor Co., Appellees. |
| Court | Texas Court of Appeals |
Danny Duane Pitzer, Arlington, for appellant.
Arthur M. Meyer, Jr., J. David Apple, Brown, McCarroll & Oaks Hartline, Dallas, for appellee.
Before Justices MALONEY, WHITTINGTON, and ROACH.
Young Hee Kang appeals the trial court's summary judgment that she take nothing on her claims against Hyundai Corporation (U.S.A.), Hyundai Motor America d/b/a Hyundai Motor America, Inc., Freeman Investments d/b/a Freeman Oldsmobile, Mazda, and Hyundai, and Hyundai Motor Company for injuries sustained in a one-vehicle accident. In three points of error, Kang complains that summary judgment was improper because (1) there are material fact issues, (2) appellees did not establish spoliation, and (3) the statute of limitations does not bar her breach of warranty claim.
Because we conclude spoliation of evidence was not a proper ground upon which to base a summary judgment in this case, we reverse the summary judgment as to Kang's claims for (1) strict products liability, (2) negligent design, manufacturing, and distribution, (3) breach of contract, (4) breach of the duty of good faith and fair dealing, and (5) "intentional tort." We remand those causes to the trial court for further proceedings. For the reasons set forth below, we affirm the summary judgment as to Kang's claims for fraud, negligent misrepresentation, and violations of the Texas Deceptive Trade Practices Act (DTPA).
Kang was driving her 1990 Hyundai Excel GS automobile from Georgia to Texas. While on Interstate Highway 20 in Louisiana, Kang felt the car pull to the right. To regain control of the car, Kang pulled the wheel to the left. When she did so, the vehicle went out of control, hit the concrete median, flipped over, and skidded on its roof for about 200 feet before stopping.
Kang sued appellees, alleging that defects in the car's steering and suspension system caused the accident. She brought causes of action for strict products liability, negligent design, manufacturing, and distribution, breach of contract, fraud, negligent misrepresentation, breach of the duty of good faith and fair dealing, violations of the Texas Deceptive Trade Practices Act, and "intentional tort."
Some time after the accident, the automobile was vandalized and parts of it were stolen. Appellees subsequently moved for summary judgment on three grounds. First, with respect to all causes of action, they alleged "spoliation of crucial evidence" deprived them of an opportunity to adequately prepare a defense. In particular, they contended that without the automobile, (i) there is no evidence that the 1990 Hyundai had any design and/or manufacturing defect and (ii) Kang's testimony is insufficient to controvert their expert testimony. Second, appellees argued they were entitled to summary judgment because the breach of warranty claim under the DTPA was barred by limitations. Third, they sought summary judgment on the fraud, negligent misrepresentation, and DTPA claims on the ground that these claims were based on "mere opinion and puffing." The trial court ultimately granted appellees' motion for summary judgment without specifying a basis. This appeal ensued.
A party moving for summary judgment must prove that no genuine issue of material fact exists and that he is entitled to judgment as a matter of law. See Nixon v. Mr. Property Management Co., 690 S.W.2d 546, 548 (Tex.1985). In determining whether there is a disputed material fact issue, we must take all evidence favorable to the nonmovant as true and resolve any doubts in her favor. Id. at 548-49. When, as in the present case, the movants are the defendants, summary judgment is proper only when the defendants negate at least one element of each of the plaintiff's theories of recovery or plead and conclusively establish each element of an affirmative defense. Science Spectrum, Inc. v. Martinez, 941 S.W.2d 910, 911 (Tex.1997). Only after the defendants produce evidence entitling them to summary judgment does the burden shift to the plaintiff to present evidence creating a fact issue. Walker v. Harris, 924 S.W.2d 375, 377 (Tex.1996). When, as here, the trial court does not specify the basis for its ruling, an appellent is required to show that each of the independent grounds asserted in support of summary judgment was insufficient to support the judge's ruling. See Williams v. Crum & Forster Commercial Ins., 915 S.W.2d 39, 43 (Tex.App.--Dallas 1995), rev'd on other grounds, 955 S.W.2d 267 (1997).
In her second point of error, Kang contends summary judgment was improper because appellees did not establish that she intentionally destroyed evidence, i.e., the car. In their motion for summary judgment, appellees moved for summary judgment on all causes of action on the ground of spoliation of evidence. Specifically, they contended the vehicle was destroyed while in Kang's possession and control and they were thus precluded from inspecting and testing certain parts of the car. They contended that such "inspection and testing is an absolute necessity in this case." Because the car was destroyed, they argued (1) they were prevented from adequately preparing a defense and (2) there is no evidence that a design or manufacturing defect existed in the car or caused the accident. Further, they contended Kang's testimony alone was not sufficient to raise a fact issue.
Spoliation is the improper destruction of evidence relevant to a case. See Malone v. Foster, 956 S.W.2d 573, 577 (Tex.App.--Dallas 1997), aff'd, 977 S.W.2d 562 (Tex.1998). We note initially that there was no evidence in this case that Kang intentionally destroyed the vehicle or any part of it, nor was there any evidence that Kang was negligent or otherwise at fault for any loss of evidence regarding the vehicle. Regardless, we do not believe that spoliation is a ground for summary judgment such that it relieves a defendant from the burden of negating at least one element of each theory pleaded. Rather, methods used by Texas courts to discourage and remedy spoliation of evidence have included (1) sanctions for discovery abuse under Texas Rule of Civil Procedure 215 or (2) an instruction that the jury must presume that the destroyed evidence would not have been favorable to its destroyer. Malo...
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