The Georgia Court of Appeals was recently divided in a ruling vacating  an order granting spoliation sanctions in a premises liability case where a Golden Pantry convenience store destroyed surveillance footage after the plaintiffs asked that it be preserved for evidence.

The opinion, authored by Chief Judge Amanda Mercier, reversed the State Court of Athens-Clarke County’s order for procedural error, reasoning that the trial court used the wrong standard of review, should have drawn inferences in favor of Golden Pantry, rather than the plaintiffs, and should have held an evidentiary hearing before making a decision.