Baker Sterchi Secures Summary Judgment for Manufacturing and Industrial Services Client
On October 26, 2021 Baker Sterchi secured summary judgment in favor of a manufacturing and industrial services client in the United States District Court for the Central District of Illinois. Cincinnati Insurance sued Progress Rail Services seeking to recover amounts paid its insured Midstate Manufacturing for the failure of a hydraulic manufacturing press. Cincinnati claimed that Progress negligently struck a power transmission line running over its property in Galesburg, IL causing a power outage/surge that damaged equipment at the Midstate factory. Baker Sterchi filed a dispositive motion on a variety of proof problems but the most notable was the failure of Cincinnati or its insured to preserve the press, its components or any operating, inspection, or maintenance records for it prior to filing suit. The Court agreed that the disposal of this evidence was without excuse and prejudiced Progress Rail’s ability to defend itself from the suit. The Court entered judgment in favor of Progress Rail as a result of the spoliation, dispensing with the need to address the various other proof problems presented.
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