Carter v. Hi Nabor Super Market, LLC

hi concur in affirming the trial court’s denial of plaintiffs motion seeking to impose an adverse presumption based on spoliation of evidence, and I dissent from the reversal of the trial court’s judgment granting the defendant’s motion for summary judgment. While I believe the determination of whether an adverse presumption is imposed based on spoliation of evidence should be resolved by the trier of fact, BancorpSouth Bank v. Kleinpeter Trace, LLC, 13-1396 (La.App. 1 Cir. 10/1/14), 155 So.3d 614, from which I dissented, holds that the trial court makes that determination.1 But for the…