More on spoliation.

• Author: Diaz, Richard J.
• Position: Letters - Letter to the Editor

Everything in the Nov. 2005 article "The Wild and Wooly World of Inferences and Presumptions--When Silence is Deafening" is essentially moot or stale based upon the recent Supreme Court ruling, Martino v. Wal-Mart Stores, Inc., 908 So.2d 342 (Fla. 2005). RICHARD J. DIAZ, Coral Gables

Author's Response:

The Florida Supreme Court's recent decision in Martino v. Wal-Mart Stores, Inc., stands primarily for the proposition that an independent spoliation cause of action will not lie against a first party defendant. It does not address situtions where a party merely fails to come forward with available physical evidence...