Not So Fast — The Texas Supreme Court Shows Reluctance To Allow Claims For Spoliation Of Evidence

In Wackenhut Corp. v. Gutierrez, 2015 Tex. LEXIS 112, 58 Tex. Sup. Ct. J. 289 (Tex. 2015), the Texas Supreme Court reversed the jury verdict against Wackenhut because a spoliation instruction was erroneously given by the trial court.

Wackenhut stemmed from a motor vehicle accident involving Gutierrez and a charter bus that was owned and operated by Wackenhut. The charter bus was equipped with four video cameras that automatically loop over and erase the previously recorded data after seven days. One of the cameras on the bus was in a position to have possibly captured the accident, but Wackenhut did not preserve...