Business Litigation Alert: "What You Don't Keep Can Hurt You" | Porter
Hedges LLP - JDSupra
The facts in *Brookshire Bros*. show how a company following established
records retention policies can help protect against a spoliation claim.
Plaintiff Aldridge reported to a Brookshire Bros. grocery store that he
slipped and fell on a spill on the floor there several days after the
incident. A surveillance camera recorded the slip-and-fall incident, but a
table blocked the camera’s view of the floor where the fall took place. A
store employee decided to copy and retain only about eight minutes of the
video, starting just before the plaintiff entered the store and concluding
shortly after the fall. At the time, Brookshire Brothers had a policy to
record over the surveillance video every 30 days.

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