Tomlinson v. Landmark American Insurance Co.

SANDRA CABRINA JENKINS, Judge.

h Sharon Tomlinson (“Mrs. Tomlinson”) appeals the trial court judgment granting summary judgment in favor of Daisy Dukes Restaurant, LLC (“Daisy Dukes”) and its insurer Landmark American Insurance Company (“Landmark”).

First, we find that' there is no factual support that Daisy Dukes intentionally destroyed evidence for the purpose of depriving Mrs. Tomlinson of its use at trial. Second, we find that there are genuine issues of material fact as to Daisy Dukes’ liability. Therefore, we affirm the motion for summary judgment as to the spoliation claim and reverse…