Amerisure Insurance Company v. Lazaro Rodriguez
Amerisure sought certiorari review of orders setting a third-party spoliation claim for trial alongside the plaintiff's underlying premises liability case and compelling spoliation-related discovery. The Third DCA held that a third-party spoliation claim does not accrue until the underlying tort action is resolved, so such claims should generally be abated or dismissed until then, and quashed the orders as causing irreparable harm.
Key facts
- Amerisure Insurance Company sought certiorari review of trial court orders that set a third-party spoliation claim for trial alongside plaintiff Lazaro Rodriguez's underlying premises liability case and compelled spoliation-related discovery.
- The trial court had allowed the spoliation claim to proceed concurrently with the underlying tort action without abating or dismissing it pending resolution of the premises liability case.
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Why it matters
This is a clear statement of Third DCA law that a third-party spoliation count cannot be litigated or tried with the underlying tort claim, giving defendants a ready basis to seek abatement or dismissal and, if denied… — full analysis with a trial
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