N.C.P.I.—Civil 101.39

When evidence has been received which tends to show that

(describe despoiled evidence) was (1) in the exclusive possession of the

[plaintiff] [defendant], (2) has been [lost] [misplaced] [suppressed]

[destroyed] [corrupted] and (3) that the [plaintiff] [defendant] had notice

of the [plaintiff’s] [defendant’s] [potential]2 [claim] [defense], you may

infer, though you are not compelled to do so,3 that (describe despoiled

evidence) would be damaging to the [plaintiff] [defendant].4 You may

give this inference such force and effect as you determine it should have

under all of the facts and circumstances.5

[The inference is permitted even in the absence of evidence that

the [plaintiff] [defendant] acted intentionally, negligently or in bad

faith.]6

[No inference is permitted if you find that [(describe despoiled

evidence) was equally accessible to both parties] [there is a fair, frank

and satisfactory explanation for the failure to produce the (describe

despoiled evidence)].7