Nieves v. Kmart Corp., 2009 WL 1605623 (V.I. June 8, 2009)

Key Insight: Court denied plaintiffs? motion for a spoliation instruction where plaintiff failed to demonstrate that the allegedly spoliated videotape ever existed and where a witness testified at deposition that since he didn?t keep the videotape after checking it, it means no film was made of the relevant incident

Electronic Data Involved: Videotape