Bouvé & Mohr, LLC v. Banks

In her suit for damages against Bouvé & Mohr, LLC d/b/a Creekside and/or Spring Valley Apartments (B&M), Joceyline Banks alleged that she was raped and robbed in the apartment she rented from B&M, and that B&M was liable because it negligently failed to repair a windowpane through which the intruder gained entry to the apartment. B&M brought an interlocutory appeal from a pre-trial order on Ms. Banks’s motion for sanctions against B&M for spoliation *766of evidence. In its order granting the motion, the trial court: (1) found that a police officer assigned to investigate Ms. Banks’s rape and…