Mead v. Papa Razzi

Although I agree with the majority that some form of an instruction on spoliation was appropriate in this case, and indeed virtually required by our decision in Mead v. Papa Razzi Restaurant, 840 A.2d 1103 (R.I.2004) (Mead I), I believe that the instruction given was erroneous and represents an unwarranted expansion of the doctrine of spoliation. Accordingly, I would vacate the judgment and remand for a new trial.

The doctrine of spoliation is an ancient principle that traces its roots to Roman law. This Court has commented that under the doctrine omnia praesumuntur contra spoliatorem,8 “the…