Legal Opinion
Ortega v. Trevino
Texas Court of Appeals, 13th District
Decided March 13, 1997No. 13-94-577-CVPublishedCited by 10 opinions
1Opinion of the Court
OPINION
CHAVEZ, Justice.
Genaro Ortega, individually and as next friend of Linda Ortega, a minor, appeals from the dismissal of his lawsuit after the trial court sustained special exceptions filed by the defendant and appellee, Jorge H. Trevino, M.D., Individually and d/b/a McAl-len Maternity Clinic. Ortega raises three points of error on appeal arguing for recognition in Texas of an independent tort for spoliation of evidence. We reverse and remand.
When reviewing the dismissal of a lawsuit based on special exceptions, we accept as true all material factual allegations and all factual…
2Cases cited27 opinions
- Story Parchment Co. v. Paterson Parchment Paper Co.Supreme Court of the United States · 1931
- Sterner v. Marathon Oil Co.Texas Supreme Court · 1989
- Texas Department of Corrections v. HerringTexas Supreme Court · 1974
- Sorokolit v. RhodesTexas Supreme Court · 1994
- Cosgrove v. GrimesTexas Supreme Court · 1989
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3Cited by10 opinions
- Trevino v. OrtegaTexas Supreme Court · 1998
- Malone v. Foster, Texas Court of Appeals, 5th District (Dallas)1997
- Lucas v. Christiana Skating Center, Ltd.Superior Court of Delaware · 1998
- Andrade Garcia v. Columbia Medical Center of ShermanDistrict Court, E.D. Texas · 1998
- Larison v. City of TrentonDistrict Court, D. New Jersey · 1998
5 more not listed; retrieve them via the Exa API.