Pena v. Bi-Lo Holdings, LLC
A slip-and-fall plaintiff sought an adverse inference instruction based on the store's failure to aim surveillance cameras at the fall area, keep inspection logs, preserve the torn rice bag, and identify an employee in a photograph. The Third District affirmed denial of the adverse inference and the resulting summary judgment for Winn-Dixie, holding that spoliation doctrine does not punish a party for failing to create evidence and that the record showed no willful or reckless destruction of the rice bag.
Key facts
- Slip-and-fall plaintiff sued Winn-Dixie/Bi-Lo for injuries from falling on a torn rice bag; plaintiff sought adverse inference instruction for store's failure to install surveillance cameras at fall location, maintain inspection logs, preserve the rice bag, and identify an employee in a photograph.
- Trial court denied adverse inference instruction and granted summary judgment for defendant; plaintiff appealed to Third District Court of Appeal.
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Why it matters
The opinion gives defense counsel a clean Third District statement that a defendant cannot be penalized under spoliation doctrine for never creating evidence — no camera coverage, no inspection logs — a recurring… — full analysis with a trial
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