Brookshire Brothers, Ltd. v. Jerry Aldridge

Justice GUZMAN,

joined by Justice DEVINE and Justice BROWN,

dissenting.

Courts exist as a mechanism for administering justice and arriving at truth. Spoliation, whether done negligently or intentionally, jeopardizes this essential function and cannot be condoned. Today, the Court articulates a spoliation framework that departs in significant ways from decades of spoliation jurisprudence as developed by our capable courts of appeals. In doing so, the Court places substantial limits on the trial court’s discretion in crafting an appropriate remedy for acts of spolia*31tion, and articulates a standard…