Pinkney v. Winn-Dixie Stores, Inc., No. CV214-075, 2015 WL 171236 (S.D. Ga Jan. 13, 2015)

Key Insight: Plaintiff moved for spoliation sanctions after Defendant stated in deposition they took accident scene photographs, but did not provide the photographs and stated all accident photographs had been provided. Plaintiff claimed Defendant?s sole possession was circumstantial evidence Defendant acted affirmatively in destroying the photographs. However, Court would not infer bad faith because it was possible ?the photographs were lost or destroyed haphazardly,? and concluded circumstantial evidence cannot prove bad faith ?without any evidence that the loss or destruction of the photographs was, or could only be, due to a deliberate, intentional act of Defendant or its agent.?

Nature of Case: Personal Injury

Electronic Data Involved: Photographs of slip and fall scene