HAGOPIAN v. PUBLIX SUPERMARKETS, INC.

No. 4D99-3301.

788 So.2d 1088 (2001)

George HAGOPIAN and Cheryl Hagopian, Appellants, v. PUBLIX SUPERMARKETS, INC., Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied August 1, 2001.


Attorney(s) appearing for the Case

Roy D. Wasson, Miami, and Law Offices of Rosen, Switkes & Jove, Miami Beach, for appellant.

Shelley H. Leinicke of Wicker, Smith, Tutan, O'Hara, McCoy, Graham & Ford, P.A., Fort Lauderdale, for appellee.


WARNER, C.J.

In this appeal from a verdict and judgment in favor of appellee, Publix Supermarkets, Inc., appellant challenges the trial court's direction of a verdict on her spoliation of evidence claim in favor of Publix. That claim was based upon Publix's disposal of a Sprite bottle which either fell or exploded off a shelf, injuring appellant's foot. Because we conclude that appellant presented sufficient evidence on the elements of the cause of action, we reverse...

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