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TREVINO v. ORTEGA

No. 97-0280.

969 S.W.2d 950 (1998)

Jorge H. TREVINO, M.D., individually and d/b/a McAllen Maternity Clinic, Petitioner, v. Genaro ORTEGA, individually and a/n/f of Linda Ortega, a minor, Respondent.

Supreme Court of Texas.

Decided June 5, 1998.

Rehearing Overruled July 3, 1998.

Attorney(s) appearing for the Case

Thomas F. Nye, Diana L. Faust, Corpus Christi, Diana L. Faust, Dallas, Linda C. Breck, Corpus Christi, R. Brent Cooper, Dallas, for Petitioner.

Ricky J. Poole, Randall C. Jackson, Jr., San Antonio, for Respondent.

ENOCH, Justice, delivered the opinion of the Court, in which PHILLIPS, Chief Justice, and GONZALEZ, HECHT, SPECTOR, OWEN, ABBOTT and HANKINSON, Justices, join.

The issue in this case 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.

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