Baker v. Letica Corporation

I respectfully dissent from the holding that the trial court’s jury charge on spoliation was not error, or, if error, was harmless. I believe the charge was erroneous because there was no evidence to indicate that Baker had control over the paint bucket or that Baker had “purposefully *1147and wrongfully” disposed of the bucket. See Alabama Power Co. v. Murray, 751 So.2d 494, 497 (Ala.1999). See also Ex parte General Motors Corp., 769 So.2d 903, 914 (Ala.1999) (rejecting a spoliation claim because there was no evidence that the plaintiff had “willfully allowed the [evidence] to be destroyed after…