This quarter the Western District was busy with a number of evidentiary issues. The focus of this column will be on a decision issued in September concerning the defendant’s destruction of a surveillance video which showed a slip and fall accident in a negligence case and its ultimate impact on the plaintiffs’ motion for summary judgment. Additionally, we will briefly discuss the court’s decision to preclude a portion of an expert’s report.
Adverse Inference Ruling
In Riley v. Marriott International, No. 12-CV-6242, 2014 U.S. Dist. LEXIS 135728 (W.D.N.Y. Sept. 25, 2014), a slip and fall negligence case, Magistrate Judge Marion Payson1 issued a decision imposing sanctions on defendant Marriott International Inc. for its gross negligence in failing to preserve certain relevant evidence contained on a surveillance video. The court then declined to grant plaintiffs’ motion for summary judgment on the issue of liability.
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