EUGENE J. STRASSER, M.D., P.A., a Florida professional corporation; EUGENE J. STRASSER, individually; and LINDA K. STRASSER, his wife, individually, Appellants, v. BOSE YALAMANCHI, M.D., P.A., a Florida professional corporation, Appellee., 783 So. 2d 1087

Summary

Appellees, a doctor, his professional corporation, and his spouse, sued appellant profession corporation for breach of contract. Appellant resisted appellees' discovery requests, and not until all its appeals from trial court rulings were denied did it notify appellees that its computer hard drive, containing discoverable information, had been destroyed. Appellees amended their complaint to add a spoliation of evidence claim. Appellant sought review of the adverse verdict; the appellate court affirmed. Recusal of the trial judge was not required, as his expression of concern over appellant's discovery abuses were not personal attacks, and were made after the trial judge familiarized himself with the facts. Evidence of appellant's pre-trial discovery conduct was properly admitted to prove appellees' spoliation claim. While the jury instruction on spoliation improperly shifted the burden to appellant to prove due care, this was not so prejudicial as to require a new trial. Appellant's ...