BancorpSouth Bank v. Kleinpeter Trace, L.L.C.

hi agree with the majority opinion in all respects, except for affirming the trial *647court’s imposition of an adverse presumption based upon the spoliation of evidence doctrine. I believe that the trial court usurped the function of the trier of fact, in this case the jury, when it acted on the defendants’ motion and imposed an adverse presumption with respect to the Abreo file.1 Consequently, I would reverse the trial court’s judgment as to that issue and would remand with instructions to allow a jury instruction relative to the application of the spoliation of evidence.

As recognized by the…