# Carter v. Hi Nabor Super Market, LLC

> Louisiana Court of Appeal · December 30, 2014 · 2013 La.App. 1 Cir. 0529

URL: https://www.frixlaw.com/law-library/cases/4820241

## Case

- **Full name:** John CARTER, Jr. v. HI NABOR SUPER MARKET, LLC and Liberty Mutual Group, Inc.
- **Court:** Louisiana Court of Appeal
- **Decided:** December 30, 2014
- **Citations:** 2013 La.App. 1 Cir. 0529; 168 So. 3d 698; 2014 La. App. LEXIS 3113; 2014 WL 7403748
- **Precedential status:** Published
- **Opinion:** Concurring in part by McDonald
- **Judges:** Crain, Kuhn, McDonald, Welch, Whipple
- **Cited by:** 23 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4820241

## Opinion text

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.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4820241. Public record. Not legal advice.