Florida Supreme Court Justices Find Legal Duty to Maintain or Preserve Property Necessary for Spoliation
Martino, et al. v. Wal-Mart Stores, Inc., 908 So.2d 342 (Fla. 2005)
Ronna Martino (“Martino”) sued Wal-Mart Stores, Inc. (“Wal-Mart”) alleging that she suffered injury in March 1997 when the shopping cart she was using collapsed. Plaintiff claims that the injury occurred when a cashier, who was ringing up goods for purchase, asked Martino to lift 40 pound bags of salt so that price codes could be scanned. Martino allegedly placed a bag on top of the cart, which collapsed causing injury to her arm. Read More