Amerisure Insurance Company v. Lazaro Rodriguez
An injured worker sued a premises owner for personal injury and added a third-party spoliation count against his employer and its workers' compensation carrier for negligently losing a video of the accident. The trial court set both claims for simultaneous trial and compelled spoliation-related discovery. The Third DCA granted certiorari and quashed the orders, holding that a third-party spoliation claim does not accrue until the underlying tort action is resolved and therefore should generally be abated or dismissed until then.
Key facts
- Injured worker sued premises owner for personal injury and added a third-party spoliation count against his employer and workers' compensation carrier for negligently losing a video of the accident.
- Trial court set both the premises liability claim and spoliation claim for simultaneous trial and compelled spoliation-related discovery.
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Why it matters
This is a clear, citable rule for any case in which a plaintiff tries to join or try a third-party spoliation count alongside the underlying tort claim: move to abate or dismiss, and if denied, seek certiorari on… — full analysis with a trial
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