Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Zuniga v. TJX Cos. Inc.

Court Rules Sanctions of Striking Pleading, Precluding Affirmative Defense Unwarranted

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Decision and Order

*1This action arises from a slip and fall accident that occurred on October 6, 2012, inside the TJ Maxx Store, located at 136-05 20th Avenue, Queens, New York, which resulted in injuries sustained by plaintiff Gloria Zuniga. Presently before the Court is plaintiff’s motion to strike defendants’ answer or preclude defendants from offering evidence on the grounds that defendant failed to produce a surveillance video depicting the subject accident as well as a handwritten incident report prepared by the store manager at the time of the accident. In the alternative, plaintiff requests that this Court schedule a spoliation hearing. Plaintiff also seeks to extend the note of issue deadline until the spoliation issue is resolved. In support of her motion, plaintiff relies on the deposition testimony of defendants’ store manager, Natasha Jacobs, who testified that the subject store was equipped with surveillance video throughout the store. Plaintiff’s counsel further claims that he was not aware of a handwritten incident report prepared by Ms. Jacobs until her deposition. Ms. Jacobs testified that she generated a handwritten incident report in connection with plaintiff’s accident. According to Ms. Jacobs, the report was kept in a binder in her office for the retention period which she believed was at least one year. Plaintiff further states that Ms. Jacobs testified that she

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
British Legal Awards 2024
November 27, 2024
London

Celebrating achievement, excellence, and innovation in the legal profession in the UK.


Learn More
GlobeSt. Healthcare Real Estate 2024
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
ThinkAdvisor LUMINARIES Awards 2024
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More
Go to Events Go to Webcasts
Associate General Counsel, Global Employment

Role TitleAssociate General Counsel, Global EmploymentGrade F13Reporting ToSenior Legal Counsel, Global EmploymentProgram/Tool/ Department/U...


Apply Now ›
Associate Attorney

Ryan & Conlon, LLP, is a boutique firm specializing in insurance defense. We are a small eclectic practice with a busy and fast paced en...


Apply Now ›
INTELLECTUAL PROPERTY PROSECUTION PARALEGAL

INTELLECTUAL PROPERTY PROSECUTION PARALEGAL - NEW JERSEY OR NEW YORK OFFICESProminent mid-Atlantic law firm with multiple regional office lo...


Apply Now ›
Go to Lawjobs