Date: 2009-06-30, Spivak J. | Link
Videotape evidence that the plaintiff was wearing sunglasses at the time of a fall that caused an injury to her wrist was "no longer in existence" despite advice to the surveillance department to hold the tape for 36 months. However, evidence from the investigative security officer who had seen the videotape and had watched the incident as it happened was considered credible by the court. The court also found there was no evidence of intentional or deliberate destruction that would justify a spoliation inference.