Deconstructing Damages for Destruction of Evidence.

The article analyzes the changes in the Florida spoliation law based on the Florida Supreme Court verdict on Martino v. Wal-Mart Stores Inc. on July 7, 2005. According to the judgments, there is no longer a first-party damage cause of action for destruction of evidence. This is a reversal of the two decades long practice of Florida precedent. The Supreme Court's rationale behind the verdict is that the sanctions, which can effect an adverse inference are sufficient to remedy past destruction of evidences and deter future spoliation by defendants.