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Case Notes

By ALM Staff | Law Journal Newsletters |
February 07, 2006

No Negative Inference Instruction When Evidence Destroyed During Normal Course of Business

A negative inference instruction will not be granted where the evidence was destroyed in the normal course of business and where the defendant neither intentionally destroyed the evidence nor had actual control over the evidence at the time it was destroyed; the litigation may continue without the actual vehicle where evidence of other similar accidents existed. Davis v. Ford Motor Company et al, Civil Action No. 3:02CV271LN, U.S. District Court for the Southern District of Mississippi, Jackson Division, June 23, 2005.

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