Opinion
NO. 2018 CW 0400
07-23-2018
WILLIE PALMER v. POPEYE'S LOUISIANA KITCHEN, INC. AND SRG CAPITAL CITY HOLDINGS, LLC STORE #4860
In Re: Popeye's Louisiana Kitchen, Inc. and SRG Capital City Holdings, LLC Store #4860, applying for supervisory writs, 23rd Judicial District Court, Parish of Ascension, No. 116358. BEFORE: THERIOT, CHUTZ AND PENZATO, JJ.
WRIT GRANTED. Imposition of liability under the theory of spoliation of evidence requires a showing that there was an intentional destruction of evidence for the purpose of depriving the opposing parties of its use. See Randolph v. Gen. Motors Corp., 93-1983 (La. App. 1st Cir. 11/10/94), 646 So.2d 1019, 1027. Accordingly, we conclude that the trial court abused its discretion in granting Willie Palmer's Motion for Sanctions Due to Spoliation of Evidence. We reverse the February 1, 2018 judgment in full, and we deny the motion. Further, we vacate the trial court's order that the jury be given any adverse instruction in connection with destruction of the subject evidence, and we vacate the order awarding attorney fees to Palmer from Shelton Restaurant Group, LLC, SRG Capital City Holdings Store #4860 and Popeye's Louisiana Kitchen, Inc.
MRT
WRC
AHP
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT