12 Texas opinions name it 3 courts 1997–2015 0 in the last five years
The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Wal-Mart Stores, Inc. v. Middletongreen2 sentences2011See id. (“[T]he deliberate spoliation of evidence relevant to a case raises a presumption that the evidence would have been unfavorable to the cause of the spoliator.”). 2002Wal-Mart Stores, Inc. v. Middleton, 982 S.W.2d 468, 470 (Tex.App.San Antonio 1998, pet. denied); H.E. | 3 | 4 |
City of Tyler v. Likesgreen1 sentence2015Id.; see City of Tyler v. Likes, 962 S.W.2d 489, 495 (Tex.1997) (citing Wyatt as an example of a In sum, we agree with SCI International that there was legally contract case dealing with an intensely emotional subject and insufficient evidence to support liability findings against it. in which mental anguish is compensable and foreseeable if © 2015 Thomson Reuters. | 1 | 1 |
Wal-Mart Stores, Inc. v. Johnsongreen1 sentence2010Id.; see Johnson, 106 S.W.3d at 721 ; Adkison, 2007 WL 259550 , at *3; Dillard, 171 S.W.3d at 208 . | 1 | 1 |
Brewer v. Dowlinggreen1 sentence1998Brewer v. Dowling, 862 S.W.2d 156, 159 (Tex.App. — Fort Worth 1993, writ denied); H.E. | 1 | 1 |
American Maintenance & Rentals, Inc. v. Estradagreen1 sentence1997American Maintenance & Rentals, Inc. v. Estrada, 896 S.W.2d 212, 222 (Tex.App.—Houston [1st Dist.] 1995, no writ). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Brumfield v. Exxon Corp.
green
2 sentences2003In arguing the point, the Dunns cite us to no evidence illustrating that the surveillance videos in question were lost or destroyed, Brumfield v. Exxon Corp., 63 S.W.3d 912 , 919 n. 3 (Tex.App.-Houston [14th Dist.] 2002, pet denied) (stating that spoliation is the improper destruction of evidence), or that their loss or destruction was intentional. 2003In arguing the point, the Dunns cite us to no evidence illustrating that the surveillance videos in question were lost or destroyed, Brumfield v. Exxon Corp. , 63 S.W.3d 912 , 919 n.3 (Tex. App.- Houston [14th Dist.] 2002, pet denied) (stating that spoliation is the improper destruction of evidence), or that their loss or destruction was intentional. | 3 | 2003–2003 |
Cresthaven Nursing Residence v. Freeman
green
2 sentences2015Page 9 of 22 Page 5 of 17 134 S.W.3d 214, *214 ; 2003 Tex. App. LEXIS 1187 , **1 Evidence > Relevance > Preservation of Relevant HN26 No physical manifestation of mental anguish is Evidence > Spoliation necessary in wrongful death cases, and the issue can be submitted to the jury on the basis of the impact HN22 The deliberate spoliation of evidence relevant to suggested by the circumstances surrounding the loss. a case raises the presumption that the evidence would have been unfavorable to the cause of the spoliator. 2015Page 16 of 22 Page 12 of 17 134 S.W.3d 214, *226 ; 2003 Tex. App. LEXIS 1187 , **25 time to complete their records on their [**26] shift and HN22 The deliberate spoliation of evidence relevant to completed them later. a case raises the presumption that the evidence would In addition to these acts, appellees claim that they have been unfavorable to the cause of the spoliator. established that (1) medical records are missing notes Ordonez v. M. | 1 | 2015–2015 |
Texas Electric Cooperative v. Dillard
green
1 sentence2010Id.; see Johnson, 106 S.W.3d at 721 ; Adkison, 2007 WL 259550 , at *3; Dillard, 171 S.W.3d at 208 . | 1 | 2010–2010 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.