Smith v. Williams, No. 06-14-00040-CV, 2015 WL 3526089 (Tx. Ct. App. May 29, 2015)

Key Insight: Trial court erred by giving a spoliation instruction for Defendant?s failure to produce certain information where an explanation was given for the nonexistence of some records and where there was no evidence that the missing records were lost with the requisite intent to conceal or destroy relevant evidence and the error was harmful; judgment was reversed and case remanded

Nature of Case: Personal injury resulting from automobile/tractor-trailer collision

Electronic Data Involved: Miscellaneous records