Spoliation of Evidence in Texas: The Supreme Court Speaks | Kane Russell
Coleman & Logan PC - JDSupra
This case highlights the importance that companies have a written retention
policy and that they follow the policy, any time an accident occurs and
there is any possibility that litigation may result. The court clarified
that intentional spoliation included the concept of willful blindness,
which encompassed the scenario in which a party does not directly destroy
evidence known to be relevant, but nonetheless allows its to be destroyed
by failing to take proper precautions to prevent it from being destroyed.
Failure to have or follow a retention policy may be grounds, in some cases,
for “willful blindness” that would allow the court to give the much dreaded
spoliation instruction to the jury.
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