Simmons v. Cudd Pressure Control, et al.
Annotate this CaseCudd Pressure Control, Inc. and WISCO, Inc. appealed a judgment entered in favor of Murex Petroleum Corporation in a personal injury case. As between WISCO and Murex, the case presented the question of whether a defense and indemnification provision in a contract applied. As between Cudd and Murex, the case presented a question of whether the district court abused its discretion when it sanctioned Cudd for spoliation of evidence. The North Dakota Supreme Court concluded the district court erred as a matter of law when it granted summary judgment for Murex determining the defense and indemnification provision applied. The Supreme Court also concluded the trial court abused its discretion when it sanctioned Cudd. Therefore, the Court reversed those portions of the judgment. Because the sanctions included an adverse inference instruction against Cudd at trial that may have affected the jury’s fault determination, the case was remanded for a new trial on the issue of fault apportionment.
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