In Cody v. Target Corp., No. 2011AP2831 (Wis. Ct. App. June 27, 2013), the Wisconsin Appellate Court reviewed an issue preclusion sanction imposed on defendant for its spoliation of evidence. Plaintiffs had purchased from defendant what they believed to be an air mattress and left it, unopened, in the box, in their car for an extended period of time. When they opened the box, they saw that it contained a partially empty container of insecticide and various miscellaneous items, but no air mattress. Shortly thereafter, plaintiffs began experiencing symptoms of illness, including allergic reactions and severe puffiness of their eyes. Plaintiffs complained to defendant’s customer service person and returned the box and its contents. After holding the materials for a short period of time, defendant destroyed them in the ordinary course of business. Subsequently, plaintiffs filed suit. When plaintiffs learned that defendant had destroyed the materials, they sought sanctions. The trial court found spoliation and ruled that a jury would be instructed that plaintiffs had established that defendant had caused any injuries that plaintiffs could prove they suffered. The Appellate Court held that plaintiff did not have to prove egregious misbehavior to obtain sanctions for spoliation. The sanction was not akin to directing judgment because plaintiff still had to prove they had suffered injuries before taking advantage of the directed causation ruling. The court held that this sanction was within the trial court’s discretion and affirmed.