Malone v. Foster

in which PHILLIPS, Chief Justice, and GONZALEZ, HECHT, SPECTOR, OWEN, ABBOTT, and HANKINSON, Justices, join, and in which BAKER, Justice, joins in Parts II and III.

In this case, the Malones ask us to recognize an independent cause of action for intentional or negligent spoliation of evidence by parties to litigation. The court of appeals declined to recognize such a cause of action. 956 S.W.2d 573, 582. In Trevino v. Ortega, issued today, we held that Texas does not recognize an independent cause of action for evidence spoliation by persons who are parties to the underlying lawsuit. 969…