Riley v. Marriott Int?l, Inc., No. 12-CV-6242P, 2014 WL 4794657 (W.D.N.Y. Sep. 25, 2014)

Key Insight: Where hotel’s security system recorded elevator area before, during and after plaintiff’s fall, but hotel produced only seven minutes of footage, which began about one minute before the accident and ended before plaintiff was removed from the ground and placed into a wheelchair, and hotel offered no sworn facts concerning the circumstances under which the footage was destroyed, court found hotel was grossly negligent at minimum and concluded that permissive adverse inference instruction was appropriate and sufficient to deter hotel from similar future conduct and restore plaintiff’s position in the litigation

Nature of Case: Slip and fall

Electronic Data Involved: Security camera footage of area before, during and after plaintiff’s fall