Trevino v. Ortega

The issue in this ease is whether this Court should recognize an independent cause of action for intentional or negligent spoliation of evidence by parties to litigation.1 The court of appeals held that Texas recognizes a cause of action for evidence spoliation. 938 S.W.2d 219, 223. Because we determine that spoliation does not give rise to independent damages, and because it is better remedied within the lawsuit affected by spoliation, we decline to recognize spoliation as a tort cause of action. Therefore, we reverse the court of appeals’ judgment and render judgment that Ortega take…