Walgreens Co. v. Maria Victoria Chaux
In a slip-and-fall case, the trial court gave a hybrid spoliation jury instruction that combined an adverse presumption with burden shifting (standard instruction 301.11(b)) after both sides had rested, despite pretrial statements it would only give an adverse-inference instruction (301.11(a)). The Third District held the belated burden-shifting sanction violated due process and effectively directed a verdict on the notice element, and that the court also abused its discretion in excluding the defense physician's alcohol-withdrawal-seizure causation opinion under Daubert. The judgment and the spoliation-based fee award were reversed and a new trial ordered.
Key facts
- Walgreens Co. operated a store where Maria Victoria Chaux suffered a slip-and-fall injury; Chaux sued Walgreens for negligence, asserting Walgreens had notice of a hazardous condition.
- At trial, the court gave a hybrid spoliation instruction combining an adverse presumption with burden shifting (Fla. Std. Jury Instr. 301.11(b)) after both parties rested, despite having stated pretrial it would give only an adverse-inference instruction (301.11(a)).
- +2 more key facts with a free trial
Why it matters
This opinion draws a sharp line between the adverse-inference (301.11(a)) and burden-shifting (301.11(b)) spoliation instructions and holds that a party must have advance, pretrial notice before the heavier… — full analysis with a trial
🔒 Read the full opinion, holding & search the library
The full opinion PDF, the rules the court applied, our significance analysis, the background facts, and full-text search across every tracked Florida decision are available to members. Start a free 30-day trial — no credit card.
Not ready to sign up? Get the free Friday digest — the week's key Florida decisions by email, no login required.
Florida Court Tracker provides summaries of publicly available court opinions for informational and research purposes only. This is not legal advice and does not create an attorney–client relationship. Always verify holdings against the official opinion.