Mealey's Litigation Procedure - Texas Supreme Court Rules Spoliation Evidence Should Not Be Presented To Jury

Mealey's Litigation Procedure - Texas Supreme Court Rules Spoliation Evidence Should Not Be Presented To Jury

AUSTIN, Texas - Taking the opportunity presented by the erasing of video surveillance footage evidence in a slip-and-fall premises liability case, a Texas Supreme Court majority on July 3 "enunciate[d] with greater clarity" a two-step judicial process regarding "the parameters of a trial court's discretion to impose a remedy upon a finding of spoliation" of discoverable evidence (Brookshire Brothers Ltd. v. Jerry Aldridge, No. 10-0846, Texas Sup.; 2014 Tex. LEXIS 562).

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