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Craig Walters slipped and fell on a piece of banana in the meat department of a Kroger store and landed on his left hip and left elbow Initially Walters did not experience pain or other symptoms

Craig Walters slipped and fell on a piece of banana in the meat department of a Kroger store and landed on his left hip and left elbow. Initially, Walters did not experience pain or other symptoms. Peyton Kelley, the store co-manager, came to the scene, and concluded that something "mushy" and smelling like banana caused the fall. Kroger had video cameras that would have filmed both the fall as well as the regularity of clean up in the aisles of the store. Kelley, however, did not retain the video films and allowed them to be automatically purged after the 17-day automatic preservation period. Walters filed suit and recovered over $1.6 million, partly because the jury was permitted to assume that there would have been negative evidence on the purged videos. Kroger filed an appeal objecting to that assumption about the purged videos. What happens when a business destroys evidence?

 

Aug 23 2021 View more View Less

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