HARRIET MARSHALL, Appellant v. BROWN'S IA, LLC, 2019 PA Super 191

Summary

HOLDINGS: [1]-The trial court erred in refusing a requested adverse inference instruction based on a store's spoliation of video surveillance evidence because the store had notice of an impending lawsuit and that the video surveillance was relevant, but the store unilaterally chose to preserve only a small fraction of the requested video and delete the remainder, and at the very least, the deleted video footage was probative evidence of the condition of the premises prior to the customer's fall, as well as the store's due care, or lack of it, in keeping its premises safe for invitees; thus, there was no legal or factual support for the trial court's finding that no relevant evidence was destroyed.