BUNN BUILDERS, INC. v. WOMACK

No. 10-125.

2011 Ark. 231

BUNN BUILDERS, INC.; EMPLOYERS MUTUAL CASUALTY COMPANY, APPELLANTS, v. RICHARD WOMACK AND ROY TURNER, D/B/A R & R ENTERPRISES, APPELLEES.

Supreme Court of Arkansas.

Opinion Delivered May 26, 2011.


ROBERT L. BROWN, Associate Justice.

This appeal involves the propriety of instructing the jury with our model jury instruction on spoliation, AMI 106. We hold that the circuit court did not abuse its discretion in giving the instruction without a prior determination of bad faith, and we affirm.

The facts are these. Bunn Builders, Inc. (Bunn) hired appellees, Richard Womack and Roy Turner d/b/a R & R Enterprises (Womack and Turner), to paint the ground...

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