Torts — Premises liability — Slip and fall — Jury instructions — Adverse inference — Spoilation of evidence — No abuse of discretion in denying motion for adverse inference jury instruction following defendant’s purported spoilation of evidence by failing to direct its surveillance at the scene of the fall, preserve the sack of rice which created the dangerous condition, maintain inspection logs, or identify unknown employee who swept the scene — Spoilation jurisprudence does not sanction punishment for the failure to create evidence and thus the mere fact that the area of the fall remained unmonitored by either camera or logged inspection cannot serve as a basis for relief — It cannot be said that failing to retain the bag of rice constituted spoilation where, although notification of potential litigation triggers the obligation to preserve crucial evidence, record contains only conjecture as to the fate of the bag of rice — Moreover, any value associated with retention of the bag was speculative where condition of the bag was readily observable and uniformly described by all witnesses — Given lack of formal discovery regarding unidentified employee shown sweeping up scene in plaintiff’s photograph, there is no indication that trial court overstepped its authority in tacitly rejecting any evidence of nefarious intent in defendant’s failure to disclose identity of employee
45 Fla. L. Weekly D506a
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