(Photo: Diego M. Radzinschi/ALM) Court of Appeals Divided in Spoliation Sanction Remand Case
Before they filed suit, the plaintiffs asked Golden Pantry to preserve years of security footage for evidence. However, after consulting with its lawyers and insurance carrier, the company still chose to delete the video.
March 21, 2024 at 01:22 PM
3 minute read
Civil Appeals
What You Need to Know
- When two customers were attacked at a Golden Pantry convenience store, they asked the company to preserve years of security footage before filing suit.
- However, after consulting with its lawyers and insurer, the company chose to destroy all but nine minutes of footage.
- Now the appellate court has vacated sanctions ordered by the trial court, reasoning it followed the wrong standard of review.
The Georgia Court of Appeals was recently divided in a ruling vacating an order granting spoliation sanctions in a premises liability case where a Golden Pantry convenience store destroyed surveillance footage after the plaintiffs asked that it be preserved for evidence.
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