United States Fourth Circuit

Summary judgment to defendant Coast Guard in a personal injury and wrongful death action arising out of defendant's attempt to rescue plaintiff and her husband, is affirmed, where based on the record in this case, defendant is not liable for plaintiff's injuries or her husband's death because plaintiff cannot prove that defendant breached its duty. The district court also did not abuse its discretion in ruling against plaintiff on her claim of spoliation of evidence against defendant, that permitted defendant to file an out-of-time motion for summary judgment, and that defendant's response to plaintiff's Freedom of Information Act request satisfied its duty under that Act.

Appellate Information

• Decided 11/20/2013
• Published 11/20/2013

Judges

• GIBNEY

Court

• United States Fourth Circuit

Counsel