Landry v. Charlotte Motor Cars, LLC.

WALLACE, Judge.

Jamie Landry appeals the trial court’s order that dismissed her action for alleged odometer fraud against Charlotte Motor Cars, LLC, and American States Insurance Company (collectively, “the Dealership”), as a sanction for the asserted spoliation of the vehicle in question after it was repossessed. Because the Dealership failed to establish that the vehicle was lost, misplaced, or destroyed, we reverse.

I. THE FACTUAL AND PROCEDURAL BACKGROUND 1

In October 2013, Ms. Landry purchased a 2004 Dodge Durango from Charlotte Motor Cars. About six months later, Ms. Landry went to another…