Bouvé & Mohr, LLC v. Banks

Phipps, Judge.

Joceyline Banks sued Bouvé & Mohr, LLC (B&M), the owner of the apartment complex where she lived, alleging that she had been raped and robbed in her apartment because B&M had negligently failed to repair a broken windowpane through which the intruder had gained entry. In its answer and discovery responses, B&M denied that Banks had been raped. After learning that evidence relevant to the alleged rape had been destroyed at the direction of the investigating police officer, Banks moved for spoliation sanctions against B&M, asserting that the officer had acted as its agent. Both…