Opinion
No. 98-745.
Opinion filed September 29, 1999. Rehearing Denied October 28, 1999.
An Appeal from the Circuit Court for Dade County, Alan Postman, Judge, L.T. No. 96-7571.
Mase Gassenheimer and Curtis Mase and Beverly D. Eisenstadt, for appellants.
Cooper Wolfe and Marc Cooper and Nancy Ciampa; Charles R. Lipcon, for appellee.
Before NESBITT, JORGENSON and SHEVIN, JJ.
We affirm the trial court's denial of Appellant's motion for sanctions for spoliation of evidence. Nothing in the record supports a conclusion that the trial court abused its discretion in denying the motion. See Mercer v. Raine, 443 So.2d 944 (Fla. 1983). Moreover, here, there was only one lost MRI film. We cannot conclude that this is one of "those extremely rare instances that the evidence establishes an intentional interference with a party's access to critical medical records. . . ." Public Health Trust of Dade County v. Valcin, 507 So.2d 596, 599 (Fla. 1987). Hence, there was no abuse of discretion in failing to give the requestedValcin instruction.
Appellant's remaining points lack merit.
Affirmed.