Matteo v. Kohl?s Dept. Store, Inc., No. 09 Civ. 830 (RJS), 2012 WL 760317 (S.D.N.Y. Mar. 6, 2012)

Key Insight: Court denied plaintiff?s motion for an adverse inference for defendant?s loss of potentially relevant video surveillance tape where plaintiff failed to articulate how the tape would depict anything not already represented in available still photos and thus did not establish that the tape was sufficiently relevant to warrant the requested sanction; court ordered plaintiff was entitled to attorneys? fees and costs for the motion and for her efforts to determine whether the accident had been recorded

Nature of Case: Slip and Fall

Electronic Data Involved: Video surveillance tape