Hilda Fobb, Trinette Smith, Juanisha Winchester, Ravaughn Harris, Precious Diaz, And Quintosha Wishem v. Stericycle, Inc.

Supreme Court of Louisiana
September 19, 2023
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
HILDA FOBB, TRINETTE SMITH, JUANISHA
WINCHESTER, RAVAUGHN HARRIS,
PRECIOUS DIAZ, AND QUINTOSHA WISHEM
VS.
STERICYCLE, INC.
No. 2023-CC-00697
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I
N RE: Stericycle, Inc. - Applicant Defendant; Applying For Writ Of Certiorari,
Parish of Orleans Civil, Orleans Civil District Court Number(s) 2018-08066, Court
of Appeal, Fourth Circuit, Number(s) 2023-C-0238;
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September 19, 2023
Writ application granted. See per curiam.
SJC
JLW
JDH
JTG
WJC
JBM
PDG
09/19/2023 "See News Release 040 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 2023-CC-00697
HILDA FOBB, TRINETTE SMITH, JUANISHA WINCHESTER,
RAVAUGHN HARRIS, PRECIOUS DIAZ, AND QUINTOSHA WISHEM
VS.
STERICYCLE, INC.
On Writ of Certiorari to the Court of Appeal, Fourth Circuit, Parish of Orleans
Civil
PER CURIAM
A plaintiff asserting a claim for spoliation of evidence must allege that the
defendant intentionally destroyed evidence. Clavier v. Our Lady of the Lake Hosp.
Inc., 2012-0560 (La. App. 1 Cir. 12/28/12), 112 So.3d 881, 885, writ denied, 2013-
0264 (La. 3/15/13), 109 So. 3d 384. Although some data is no longer accessible
through defendant’s computer system, the evidence of the data has not been
destroyed, but was copied and preserved in a September 2018 report which
defendant provided to p laintiffs. Therefore, plaintiffs have failed to establish
defendant intentionally destroyed any evidence.
Accordingly, the writ is granted. The judgment of the district court granting
plaintiffs’ motion for spoliation and awarding attorney fees and cost s is reversed.
The case is remanded to the district court for further proceedings.