Here is a LINK to an article of mine entitled “Trial Court Erred in Refusing to Give Adverse Inference Instruction After Videotape Lost” which was recently published in the Civil Litigation Update Vol. 22, No. 3 (Summer 2019) issued by the Civil Litigation Section of the Pennsylvania Bar Association.
The article analyzes the Pennsylvania Superior Court’s latest analysis of the law surrounding spoliation of evidence as set forth in the Court’s recent decision in the case of Marshall v. Brown’s IA, LLC (June 19, 2019).
The Brown case involved a slip and fall case in which the Defendant Supermarket failed to produce the entirety of a surveillance tape that depicted the Plaintiff’s incident.