Pa. Trust v. Dorel Juv. Grp., No. 07-4029

Plaintiff's spoliation inference request denied when evidence showed that she reused the product after the incident but failed to maintain possession.

The plaintiff's testimony regarding use of the child booster seat in question on the day of the vehicle accident is precluded, and an adverse inference instruction was given as a spoliation sanction when the plaintiff failed to take pictures of the seat before signing over title to the towing service after the accident, thus giving rise to a claim that the booster seat was improperly designed.

Case Law Alert - 1st Qtr 2012