adverse inference jury instruction is the proper sanction for the negligent destruction of an employee's records in this negligent supervision action against a respite care facility (second dept). The Second Department, reversing Supreme Court, determined an adverse inference jury instruction, not striking the answer, was the appropriate sanction in this negligent supervision case. spoliation of video surveillance evidence in the form of an adverse inference instruction to the jury. SunTrust failed to preserve video evidence that was plainly central to EEOC's sexual harassment claims, after SunTrust had a duty to preserve the evidence and after SunTrust reviewed and used the evidence for its own legal defense. SunTrust's The types of sanctions can cumulatively range from monetary sanctions; the striking of a party's claim or defenses; the prevention of that party from introducing certain evidence that was not produced; or, importantly, an adverse inference jury instruction. This jury instruction basically allows the jury (for purposes of jury trials) to infer that the spoiled evidence would have been unfavorable to the spoiler which is why that party spoiled the evidence. A key part of all jury trials in Florida is the judge's instruction to the jury on the law and processes to be applied to make the jury decisions in the case. (2) This was the focal point of the Florida Supreme Court when then-Chief Justice R. Fred Lewis first ordered the formation of a committee to address contract and business law. 12191 W. Linebaugh Ave., #755, Tampa, Florida 33626 . Phone: 727.286.3559 | Fax: 727.286.3219. Email: joel@ewusiaklaw.com