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January
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Adverse Inference Jury Instructions due to Spoliation of Evidence
In a recent case, a trial judge gave the plaintiff a burden shifting adverse inference jury instruction due to a spoliation of evidence argument. No defendant wants any adverse inference jury instruction. These instructions are not favorable to a defendant and don't present well to a defendant. A burden shifting adverse inference jury instruction is known as the kiss of death jury instruction because it tells the jury to presume a fact and that the plaintiff satisfied a component of the claim unless it is rebutted by the defense. Ouch! Florida has two standard form jury instructions relative to adverse inferences...
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