Kloster Cruise Ltd. v. Igac

Florida District Courts of Appeal
Kloster Cruise Ltd. v. Igac, 741 So. 2d 1215 (1999)
1999 Fla. App. LEXIS 12741; 1999 WL 765944
Jorgenson, Nesbitt, Shevin

Kloster Cruise Ltd. v. Igac

Opinion of the Court

PER CURIAM.

We affirm the trial court’s denial of Appellant’s motion for sanctions for spoliation of evidence. Nothing in the record supports a conclusion that the trial court abused its discretion in denying the motion. See Mercer v. Raine, 443 So.2d 944 (Fla. 1983). Moreover, here, there was only one lost MRI film. We cannot conclude that this is one of “those extremely rare instances that the evidence establishes an intentional interference with a party’s access to critical medical records .... ” Public Health Trust of Dade County v. Valcin, 507 So.2d 596, 599 (Fla. 1987). Hence, there was no abuse of discretion in failing to give the requested Valcin instruction.

Appellant’s remaining points lack merit.

Affirmed.

Reference

Full Case Name
KLOSTER CRUISE LIMITED, d/b/a Norwegian Cruise Line, and World Wide Ship Services v. Sohret IGAC
Cited By
1 case
Status
Published