Dempsey v. Pfizer, Inc.

OPINION

HILL, Justice.

J.L. Dempsey and his wife, Sharron Dempsey, appeal the trial court’s discovery sanction in which the court dismissed with prejudice most of their claims and causes of action against Pfizer, Inc., Mr. Dempsey’s employer, and Tobey Clemons and Clarence Conn, Mr. Dempsey’s regional and district supervisors. The court imposed its sanction pursuant to TEX. R.CIV.P. 215(2)(b)(5) upon finding that Mr. Dempsey had, after filing suit, intentionally destroyed handwritten notes he had made of conversations that were the basis of his primary claims and causes of action. Because Mrs.…