At night, Arlene James tripped over light-colored wheel stops beside her parking space; they separated it from motorcycle parking instead of sitting at its front and blended with the white line. The owner had replaced red-and-yellow stops a month earlier and repainted them yellow five days after the fall. On the owner’s appeal from denial of summary judgment, the Court of Appeals held a jury must decide whether the unusually placed stops were hazardous and whether James had equal knowledge from walking nearby earlier; her route and ability to see them were disputed. The trial court found spoliation and barred the owner from arguing the stops were not hazardous. The appellate court held repainting could materially alter evidence, but the owner’s preservation duty depended on whether it knew or reasonably should have known James contemplated litigation; the order used the wrong standard and omitted that finding. The denial of summary judgment was affirmed; the spoliation ruling was vacated and remanded for reconsideration under the correct standard.