Craig v. Bailey Bros. Realty

In Craig v. Bailey Bros. Realty, 304 Ga. App. 794 (1) (697 SE2d 888) (2010), a child's foot was impaled on a protruding spike in a retaining wall. After the accident, the property owners inspected the wall, hammered down any protruding spikes, and cleared away obscuring vegetation. The father of the injured child appealed the grant of summary judgment in the property owner's favor, contending that the owners' actions constituted spoliation of evidence, created a presumption in his favor, and precluded summary judgment. Id. at 796 (1).