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McGRATH v. WARD NORTH AMERICA, INC.

No. 3D06-542.

955 So.2d 25 (2007)

Randal J. McGRATH, Appellant, v. WARD NORTH AMERICA, INC., Appellee.

District Court of Appeal of Florida, Third District.

Rehearing and Rehearing Denied May 3, 2007.

Attorney(s) appearing for the Case

Charles B. Draper, Kissimmee, for appellant.

Atkinson & Brownell, Miami, and Krystina N. Jiron and John Bond Atkinson and Jeremy M. Kissel, for appellee.

Before WELLS and CORTIÑAS, JJ., and SCHWARTZ, Senior Judge.

Rehearing and Rehearing En Banc Denied May 3, 2007.

SCHWARTZ, Senior Judge.

In this proceeding, the plaintiff, who was injured when a chair at the Holiday Isle Resort and Marina in Islamorada collapsed under him, raised a claim of actionable spoliation against Ward North America, Inc., the corporate adjuster for Holiday Isle's liability insurer. The basis of the action was that a Ward adjuster took possession of and failed to preserve the chair, purportedly...

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