This appeal arises from a construction defect suit brought by appellee Gulf Chemical & Metallurgical Corp. against the appellant, Miner Dederick Construction LLP. A party knows or reasonably should know that there is a substantial chance a claim will be filed if a reasonable person would conclude from the severity of the incident, and other circumstances surrounding it, that there was a substantial chance for litigation at the time of the alleged spoliation. The trial court's judgment is affirmed in part and reversed and remanded in part. Houston's 1st Court of Appeals, No. 01-11-00325-CV, 12-06-2012.
Miner Dederick Construction LLP v. Gulf Chemical & Metallurgical Corp.
Tex. App. Dist. 1
December 10, 2012