providing for "an instruction to the jury that it may infer that the evidence was detrimental to that party" (emphasis added)
How later courts described this case
- providing for "an instruction to the jury that it may infer that the evidence was detrimental to that party" (emphasis added)
Written by the judges who cited it.
The opinion
McDONALD, J.,
Agreeing in part and dissenting in part:
hi agree with the majority to affirm the trial court denying the motion for an adverse inference based on spoliation. I believe the trial court was well within its discretion and I also find no abuse of this discretion in accepting Hi Nabor’s reasonable explanation for failing to preserve any additional evidence. I respectfully dissent, however, from the majority decision to reverse the trial court’s granting of the motion for summary judgment. I do not believe there are any genuine issues of material fact and would affirm the trial court.