District Court of Appeal of Florida

Summary judgment for defendant and its employee in an action alleging spoliation of evidence and negligence involving an installation of a vehicle alarm system is reversed in part as to negligence claims where there were material issues of fact remaining, and plaintiffs may be entitled to a Valcin presumption of negligence if defendants are found to have destroyed evidence.

Appellate Information

• Decided 08/02/2006
• Published 08/02/2006

Judges

• WARNER, J.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• Marlene S. Reiss of Stephens, Lynn, Klein, Lacava, Hoffman & Puya, P.A., Miami, for appellants.


• For Appellees:
  
• Barbra A. Stern of Law Office of Bohdan Neswiacheny, Fort Lauderdale, for appellee Wayne Akers Ford, Inc., Thomas W. Paradise and Joseph R. Gibson of Vernis & Bowling of Broward, P.A., Fort Lauderdale, for appellees Sawgrass Ford, Inc. and Stephen Glascoe.