Johnson v. Liberty Mutual Fire Insur. Co., No. 10-1132 (10th Cir. 2011)Annotate this Case
Plaintiffs Russell and Jennifer Johnson blamed Liberty Mutual for failing to hold onto a pair of tail lights that they said would have helped them win a personal injury lawsuit they wanted to bring. Plaintiffs never asked Liberty Mutual to keep the tail lights, never mentioned their intent to sue, and allowed years to pass without a word. In their case against Liberty Mutual, they faulted the company for failing "to divine their hidden (and perhaps not yet formed) intentions." Upon review of the record by the Tenth Circuit, the Court concluded that because Plaintiffs could not identify a statutory or contractual basis for their claim, "they ask[ed the Tenth Circuit] to create one for them in the common law of tort." But the Court held the common law doesn’t require such "uncommon foresight," and affirmed the lower court's decision to dismiss their case.