Brenda Sheats sued a grocery retailer and distributor after a cardboard package of ginger ale opened as she lifted it from a shelf, injuring her toe. She alleged product liability, negligence, and res ipsa loquitur, and sought sanctions after the retailer discarded the package. The trial court granted summary judgment on the product claims, denied spoliation sanctions, and granted the retailer summary judgment on negligence and res ipsa loquitur. The Court of Appeals affirmed summary judgment for the distributor because Sheats could not prove an original manufacturing defect, and affirmed the retailer’s ruling on product liability and res ipsa loquitur because the package had not been in the retailer’s exclusive control. It vacated the ruling denying spoliation sanctions and reversed summary judgment on ordinary negligence. Because the discarded package might bear on whether the retailer could have observed the defect, the trial court had to determine whether spoliation occurred and, if so, fashion an appropriate sanction. One judge concurred in part and dissented in part, reasoning that the negligence claim failed as a matter of law.