Evidence – Spoliation

A plaintiff who slipped and fell while shopping at the defendant’s supermarket has no plausible claim of spoliation based on a failure by the defendant’s employees to photograph the scene of the accident.

Gomez v. The Stop & Shop Supermarket Co. (Lawyers Weekly No. 01-061-12) (12 pages) (Selya, J.) (1st Circuit) Appealed from a decision by Collings, U.S.M.J., in the U.S. District Court for the District of Massachusetts. Thomas P. Smith and Caffrey & Smith on brief for the plaintiff-appellant; Mark C. McCrystal and Cetrulo & Capone on brief for the defendant-appellee (Docket No. 11-1665) (March 2, 2012).