Brenda Sheats v. the Kroger Co.
336 Ga. App. 307
| Ga. Ct. App. | 2016Background
- On Nov. 7, 2011, Brenda Sheats lifted a cardboard 6-pack of glass ginger-ale bottles at a Kroger store; the package bottom opened, bottles fell and broke, and a bottle struck her left foot causing injury.
- Kroger store manager inspected the package on-scene, found a bottom flap separation and believed glue failed; manager recorded the item as lost/broken and discarded it with refuse.
- Sheats sought to keep the package as evidence at the store but was refused; she later sought medical treatment and sued Kroger and Clayton Distributing asserting product liability, negligence, and res ipsa loquitur claims.
- Kroger and Clayton moved for summary judgment, arguing Sheats had no proof the package was defective when it left the distributor/manufacturer; Kroger also sought summary judgment on negligence and res ipsa claims.
- Sheats moved for spoliation sanctions against Kroger (and Clayton) for discarding the package; the trial court granted summary judgment to both defendants on product liability and to Kroger on negligence and res ipsa, and denied spoliation sanctions.
- On appeal, the court affirmed summary judgment to Clayton, vacated denial of spoliation against Kroger (remanding for proper analysis), affirmed Kroger summary judgment on product liability and res ipsa, but reversed as to Kroger on ordinary negligence and remanded for spoliation determination to inform that negligence claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Kroger had duty to preserve discarded package (spoliation) | Sheats: Kroger should have reasonably anticipated litigation and preserved the package | Kroger: No actual notice Sheats was contemplating litigation; no duty to preserve | Vacated trial court denial; remanded to apply objective spoliation standard from Phillips v. Harmon (Kroger may have had duty) |
| Whether Clayton is liable for spoliation by Kroger | Sheats: Clayton should be sanctioned because evidence destroyed | Clayton: Had no role in destruction and no notice | Affirmed denial of sanctions as to Clayton (no evidence Clayton directed or knew of the destruction) |
| Whether plaintiff proved product defect attributable to distributor/manufacturer (product liability) | Sheats: Package failed (glue/separation) — defect caused injury | Defendants: No proof defect existed when leaving Clayton/Kroger; package discarded so no direct proof | Affirmed summary judgment for Clayton and Kroger on product liability (Sheats failed to prove an original manufacturing/design defect) |
| Whether res ipsa loquitur applies against Kroger | Sheats: Package failure supports res ipsa inference | Kroger: Package was on open shelf not under Kroger’s exclusive control | Affirmed summary judgment for Kroger on res ipsa (no exclusive control) |
| Whether Kroger was negligent in display/handling (ordinary negligence) | Sheats: Facts create jury issue on Kroger’s maintenance/inspection and whether negligence caused the package failure; spoliation prevents Kroger from disproving negligence | Kroger: No notice of defect; retailer need not inspect for latent defects; summary judgment proper | Reversed summary judgment for Kroger on negligence and remanded — negligence question depends on spoliation findings and may present a jury issue |
Key Cases Cited
- Phillips v. Harmon, 297 Ga. 386 (2015) (spoliation duty may arise from circumstances indicating anticipated litigation; sets objective factors)
- Boswell v. Overhead Door Corp., 292 Ga. App. 234 (2008) (spoliation sanctions cannot be imposed on a party who did not destroy evidence absent proof of direction/agency)
- Miller v. Ford Motor Co., 287 Ga. App. 642 (2007) (product-liability requires proof defect existed when product left defendant’s control)
- Aderhold v. Lowe’s Home Centers, 284 Ga. App. 294 (2007) (res ipsa loquitur requires instrumentality in defendant’s exclusive control)
- Kitchens v. Brusman, 303 Ga. App. 703 (2010) (trial court has broad discretion to craft spoliation sanctions, including jury instruction, dismissal, or exclusion)