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Adverse Inference: If the trier of fact finds a party guilty of spoliation, it is authorized to presume or infer that. the missing evidence reflected unfavorably on the spoliatorâs interest. McCleery v. McCleery, 200 Ala. 4, 75 So. 316 (Ala.
Specifically, Judge Sweet imposed an adverse inference against defendants based upon the spoliation of non-party text messages after concluding that as a result of the non-partyâs: close working relationship with the defendants; his prior production of documents in the litigation; and his financial interest in the at-issue film, defendants had the practical ability to obtain the text messages, irrespective of any legal right to those messages.