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https://en.wikipedia.org/wiki/Spoliation_of_evidence https://en.wikipedia.org/wiki/Spoliation_of_evidence > The jury was instructed that they may find the fail
by tedunangst 8y ago
https://en.wikipedia.org/wiki/Spoliation_of_evidence https://en.wikipedia.org/wiki/Spoliation_of_evidence
> The jury was instructed that they may find the failure by the store to retain (and subsequently provide to the other party) the additional footage may be considered an attempt to hide evidence that Brookshire Brothers' management knew would be damaging to their case.
Although this may not be settled law.
- buzzy_hacker 8y agoBut it continues > The Texas Supreme Court reversed, ordering a new trial, stating that it was abuse of discretion by the trial court to issue a spoliation inference instruction in this case, that the court should have imposed a different corrective measure on Brookshire Brothers (a less severe sanction), and that a spoliation inference instruction to the jury is only warranted in egregious cases of destruction of relevant evidence.