The Pennsylvania Superior Court has ruled that missing video surveillance footage of a trip-and-fall that occurred at a laundromat⁠—requested by the plaintiff after it had already been overwritten⁠—did not constitute spoliation of evidence.

A three-judge panel consisting of Judges Anne Lazarus, Deborah Kunselman and Daniel McCaffrey upheld a Lehigh County court’s ruling in Monarca v. Annie’s Express Laundry that a jury charge on spoliation of evidence was not needed in plaintiff Tanya Monarca’s lawsuit against Annie’s Express Laundry.