Court Finds Adverse Inference to Jury Is Enough in Premises Liability Case

A New York state appeals court has declined to issue severe sanctions upon a school district that replaced the railings of its bleachers, which was a key piece of evidence in a plaintiff’s premises liability action against the school district.   The plaintiff, Betty L. Merrill, sued the district after she fell while climbing the retractable bleachers in the district's gymnasium on Feb. 7, 2006. She testified that as she held the railing for support, while turning into a row, it swayed, ca