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Trevino v. Ortega

Texas Supreme Court
969 S.W.2d 950 (1998)


Facts

Fourteen years after his daughter Linda was born, Genaro Ortega (plaintiff) brought a medical-malpractice action against the clinic and two doctors who delivered her. Upon learning that the relevant records of her birth had been destroyed, Ortega brought a separate lawsuit for spoliation of evidence against Dr. Trevino (defendant). The trial court dismissed the suit, but the appellate court reversed, finding that Texas recognizes an independent cause of action for spoliation. Trevino appealed to the Texas Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Enoch, J.)

Concurrence (Baker, J.)

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