The Pennsylvania Supreme Court has declined to review a Superior Court ruling that a grocery store spoliated evidence when it deleted portions of a surveillance video the plaintiff had requested in a slip-and-fall case, letting stand a precedential decision that one civil litigator said should give pause to business owners and lawyers on both sides of the courtroom aisle.
Last March, in Marshall v. Brown’s IA, a three-judge Superior Court panel ordered a new trial for plaintiff Harriet Marshall because the Philadelphia Court of Common Pleas judge who oversaw her first trial failed to give the jury an adverse inference instruction based on defendant ShopRite’s spoliation of evidence.
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