Nguyen v. Costco Wholesale Corporation (S.D. Fla 2020)
Key Insight: Defendant had no duty to preserve the allegedly spoliated video for the almost two years before the filing of the lawsuit because there was no indication Plaintiffs intended to pursue litigation. Plaintiffs failed to present evidence indicating the allegedly spoliated video was relevant to this litigation which would trigger a duty to take reasonable steps to preserve it. No sanctions are warranted.
Nature of Case: Slip and Fall Liability, Personal Injury
Electronic Data Involved: Surveillance Video