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3rd DCASeptember 26, 2018Petitions Granted; Orders Quashed↗ Precedent Departure

Amerisure Insurance Company v. Lazaro Rodriguez

Case No. 18-1524

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.
  • +1 more key fact with a free trial

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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