Patrick v. Tractor Supply, Co., No. 16-10755, 2017 WL 396301 (E.D. La. Jan. 30, 2017)

Key Insight: Where Defendant had a duty to preserve evidence relevant to the litigation and the video in question was found to be relevant, court indicated the ?thrust? of its analysis would focus on whether the destruction occurred in bad faith and reasoned that Plaintiff?s request for preservation of ?all video footage of the incident? did not indicate a request for footage of the surrounding area, thus allowing the destruction of the video prior to filing of the lawsuit, and that the failure to retain the footage was ?not the result of a directed action to delete the information but rather a failure to stop the automatic deletion? which ?at best amounts to negligence and does not rise to the level of bad faith? and denied Plaintiff?s motion for sanctions but indicated that the parties would be allowed to ?admit evidence of these issues during trial.?

Nature of Case: Personal injury/slip and fall

Electronic Data Involved: Video surveillance footage

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