St. Cyr v. Flying J Inc., 2007 U.S. Dist. LEXIS 42502 (M.D. Fla. June 12, 2007).

Court found that bad faith spoliation of key evidence prejudiced Defendant by (1) denying it an opportunity to test the evidence in order to determine whether there were other possible causes or contributing factors to the incident at issue; and, (2) denying it a more reliable means of proving or disproving the validity of Plaintiff’s theories of fault.  The Court held that the lesser sanction of an adverse inference instruction to the jury would suffice to cure the prejudice to Defendant.

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