Blogs

A New Spoliation Analysis Framework

In a recent opinion delivered by the Texas Supreme Court, the Court established a new framework for determining whether spoliation of evidence occurred, and, if it did occur, the appropriate remedy. The case of Brookshire Brothers, Ltd. v. Aldridge involved Jerry Aldridge, a Brookshire Brothers employee, who slipped and fell on grease that leaked from a rotisserie chicken container. Aldridge suffered injuries from this fall and brought a premises-liability suit against his employer. Aldridge requested two and a half hours of security. Brookshire Brothers only preserved approximately eight minutes of video that showed the scene of the fall just before the fall. All of the other video had been automatically overwritten. Aldridge requested and was allowed to introduce evidence of spoliation. The jury also received a spoliation jury instruction. Brookshire Brothers appealed on the spoliation issue to the Tyler Court of Appeals, and eventually to the Texas Supreme Court.

The Texas Supreme Court reversed the trial court’s decision and held that the trial court abused its discretion by admitting the spoliation evidence and giving the jury an instruction on spoliation. It concluded that a party must intentionally spoliate evidence in order for the instruction to constitute an appropriate remedy. In Texas, the instruction is based on a wrongdoing presumption. Therefore, a requirement of intent to conceal or destroy discoverable evidence is more appropriate. With this holding, the Court concluded that Aldridge had not shown the requisite intent by Brookshire Brothers to warrant the introduction of spoliation evidence or the related jury instruction.

The Effects of This Case on the Trucking Industry

These new requirements to obtain a spoliation instruction are not just limited to premises-liability cases, but to all cases, including those involving trucking companies. In the time of uncertainty following the promulgation of these new requirements, it is even more imperative that trucking companies keep and maintain their records to avoid the potential of a court finding the occurrence of evidence spoliation. The following are practical tips that a trucking company should take following an accident:

1. Preserve the Electronic Control Module (ECM) data. Do not start the engine and drive the truck following the accident. Doing so could permanently alter the ECM data.
2. Maintain detailed and organized maintenance and service records for all power units and trailers. When a wreck occurs, all related records of the units involved must be preserved.
3. If an accident occurs, save all of the driver’s logs for the twelve-month period prior to the accident and place them in the accident investigation file. This should be done regardless of the driver’s log retention requirements under the Federal Motor Carrier Safety Administration’s regulations.
4. If available, preserve all available on board video, GPS data, and messages sent to and from the driver via onboard communications like Qualcomm.
5. If you receive an evidence preservation letter following an accident, immediately retain counsel to assure compliance with the letter and to avoid the potential of the spoliation of critical evidence.

In Texas, the requirements concerning spoliation of evidence are not entirely certain following the Brookshire Brothers decision. However, if a company pays special attention to the preservation of its pre-accident and post-accident records and evidence, it can avoid much of the uncertainty that this new requirement brings.