Was This Video Destroyed Intentionally?
In Wardner v. American Airlines, et al., Case No. 14-22011-CIV (S.D.Fl. Jan. 12, 2015), the court considered Plaintiff’s motion for an adverse inference instruction against Defendants’ due to alleged spoliation of video.
Plaintiff timely sent a preservation request, but Defendant allowed an employee to take out the request, and he misinterpreted it. He viewed the video for an incident at an airport instead of copying the footage. As he didn’t see any footage involving the police, the video was automatically overridden per the usual course of business.
The court acknowledged this was negligent, however, in the 11th circuit, a finding of bad faith must be determined before spoliation sanctions can be imposed and mere negligence did not suffice.
The court did state Plaintiff could present facts and arguments surrounding regarding this lost video at trial, however.
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