Trevino v. Ortega
Supreme Court of Texas
969 S.W.2d 950 (1998)
Relevant factsFree
Fourteen years after his daughter's birth, Ortega (plaintiff) sued a clinic for medical malpractice and, upon learning her birth records had been destroyed, separately sued Dr. Trevino (defendant) for spoliation of evidence as an independent tort; the trial court dismissed the spoliation suit, but the appellate court reversed, recognizing spoliation as an independent Texas cause of action.
IssueFree
Whether spoliation that prejudices a litigant's ability to prove a cognizable claim may warrant sanctions or a presumption instruction in the underlying cause of action.