FOBB v. STERICYCLE INC (2023)

Writ application granted. See per curiam.

A plaintiff asserting a claim for spoliation of evidence must allege that the defendant intentionally destroyed evidence. Clavier v. Our Lady of the Lake Hosp. Inc., 2012-0560 (La. App. 1 Cir. 12/28/12), 112 So.3d 881, 885, writ denied, 2013-0264 (La. 3/15/13), 109 So.3d 384. Although some data is no longer accessible through defendant's computer system, the evidence of the data has not been destroyed, but was copied and preserved in a September 2018 report which defendant provided to plaintiffs. Therefore, plaintiffs have failed to establish defendant intentionally destroyed any evidence.

Accordingly, the writ is granted. The judgment of the district court granting plaintiffs’ motion for spoliation and awarding attorney fees and costs is reversed. The case is remanded to the district court for further proceedings.