Brown, J.
Margaret Dawson appeals from judgment in favor of Thornton’s, Inc., following a jury trial. Dawson raises one issue, which we revise and restate as whether the trial court erred or abused its discretion in not instructing the jury regarding spoliation of evidence. We affirm.
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The instruction proposed by Dawson was not supported by the admitted evidence. The record reveals that, at some point at least four weeks after the accident, Dawson returned to Thornton’s, inspected the mat, and attempted to take a photograph of the mat using her cell phone, but the photograph was not usable. In addition, while Dawson’s previous counsel sent a letter to Thornton’s requesting the store’s video recording of the incident, no request was made with respect to the mat. Dawson tripped on the mat in Thornton’s on October 22, 2010, and, according to the testimony of the manager at Thornton’s and an interrogatory answer provided by Thornton’s, the mat was replaced in March 2012, over one year and four months after Dawson’s fall.[Footnote omitted.] During this period, Dawson and her counsel had ample opportunity to inspect and document the condition of the mat upon which she tripped, have an expert inspect the mat, or request that the mat be preserved. Further, Dawson has not made a showing that Thornton’s concealed or suppressed any of the facts or evidence regarding the mat from her.
Based upon the record, we cannot say the trial court erred or abused its discretion in not giving Dawson’s proposed instruction regarding spoliation of evidence or that the substantial rights of Dawson were prejudiced by the court not giving her proposed instruction. See Underwood v. Gale Tschuor Co., 799 N.E.2d 1122, 1134 (Ind. Ct. App. 2003) (holding that the trial court did not abuse its discretion by finding that the evidence presented at trial did not support the giving of a spoliation of evidence instruction where the defendant did not paint the counterweight at issue until nine months after the accident), trans. denied. Additionally, we decline Dawson’s request to recognize an independent cause of action for spoliation of evidence. See Gribben, 824 N.E.2d at 355 (holding that, if an alleged tortfeasor negligently or intentionally destroys or discards evidence that is relevant to a tort action, the plaintiff in the tort action does not have an additional independent cognizable claim against the tortfeasor for spoliation of evidence under Indiana law).
CONCLUSION
For the foregoing reasons, we affirm the trial court’s judgment.
Affirmed.
BARNES, J., and BRADFORD, J., concur.