Lawwly

Rozier v. Ford Motor Co.

United States Court of Appeals for the Fifth Circuit

573 F.2d 1332 (5th Cir. 1978)

Relevant factsFree

William Rozier was killed when his Ford Galaxie's fuel tank exploded after being rear-ended, and his wife Martha (plaintiff) sued Ford (defendant) for negligent fuel-tank design; the jury found for Ford. Ten months later, Mrs. Rozier moved for a new trial under Rule 60(b)(3) after learning Ford had never produced a "Confidential Cost Engineering Report" comparing costs of alternate fuel-tank designs, even though Ford's own counsel discovered the document a week before trial; the trial court denied the motion, and Mrs. Rozier appealed.

IssueFree

Whether a party's failure to disclose a document requested during discovery, thereby preventing the opposing party from fully and fairly presenting its case, entitles the harmed party to a new trial.

Unlock the full brief

Free accounts read 20 full briefs. No card required.