Opinion
Civil Action 23-3943-KSM
04-16-2024
JOSEPH PERONACE, Plaintiff, v. CITY OF PHILADELPHIA, Defendant.
ORDER
KAREN SPENCER MARSTON, J.
AND NOW this 16th day of April, 2024, upon consideration of Plaintiff's Motion for Summary Judgment (Doc. No. 26), Defendant's opposition brief (Doc. No. 28), Defendant's Motion for Summary Judgment (Doc. No. 27), Peronace's opposition brief (Doc. No. 29), and the arguments made by counsel at oral argument on April 9, 2024, it is ORDERED as follows:
1. Plaintiff's motion is GRANTED IN PART and DENIED IN PART. The Court declines to grant judgment in Plaintiff's favor as a sanction for spoliation, but at trial, the Court will instruct the jury that they may presume that the lost video footage was unfavorable to the City.
2. The City's motion is DENIED.
IT IS SO ORDERED.