BENTON – Mutual insurer Acuity sued Diamond D Transport of Collinsville in U. S. district court on Feb. 21 to deny coverage of a claim that Diamond D spoiled evidence from a collision.
An underlying suit in St. Clair County circuit court alleges that Diamond D’s failure to preserve a driver’s seat prevented Brian Anthony of Belleville from suing the seat maker.
According to Acuity counsel Joseph Postel of Chicago, Diamond D’s policy covered property damage but didn’t cover damage to Anthony’s ability to bring a lawsuit.
He alleged that damage to a cause of action is not damage to tangible property.
Anthony’s counsel Michael McGlynn of Belleville sued Diamond D in St. Clair County last November, alleging spoliation of evidence.
McGlynn stated that Anthony worked for Diamond D and picked up a cab each morning to perform deliveries.
He stated a collision occurred on Interstate 70 in St. Louis County on July 15, 2019.
He claimed the driver’s seat bent and Anthony was jarred around the cabin.
“Plaintiff would have a product liability suit against the seat manufacturer, but the defendant failed to preserve the broken seat as evidence as requested,” McGlynn wrote.
According to Acuity’s suit, McGlynn paid for preservation of the seat and Diamond D’s agents were aware of the need to preserve it.
Postel wrote that Diamond D destroyed, discarded, or lost it.
He claimed there might be other bases on which Acuity could properly deny a defense and he reserved a right to plead them.
The court clerk assigned Magistrate Judge Reona Daly, who will preside unless a party declines consent to magistrate jurisdiction.
If that happens the clerk will assign a district judge.
St. Clair County Circuit Judge Heinz Rudolf presides over Anthony’s suit.
As of Feb. 23 no lawyer had entered an appearance for Diamond D in Rudolf’s court.
The secretary of state identifies Micah Derickson of O’Fallon as president of Diamond D.