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Whitfield v. Tequila Mexican Rest. No. 1.

323 Ga. App. 801 (Ga. Ct. App. 2013)
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Whitfield v. Tequila Mexican Rest. No. 1.

2 Citing cases

  1. Phillips v. Harmon

    297 Ga. 386 (Ga. 2015)   Cited 54 times
    Concluding there was harmful error where the jury’s note was not preserved and differing recollections of the timing of the note meant that the plaintiffs were unable to litigate whether the trial court properly responded to the note

    However, in order for the injured party to pursue a remedy for spoliation, the spoliating party must have been under a duty to preserve the evidence at issue. Whitfield v. Tequila Mexican Restaurant No. 1, 323 Ga.App. 801, 807(6), 748 S.E.2d 281 (2013). OCGA § 24–14–22 provides:

  2. Hector ex rel. Phillips v. Harmon

    328 Ga. App. 686 (Ga. Ct. App. 2014)   Cited 4 times

    (Citations and punctuation omitted; emphasis in original.) Whitfield v. Tequila Mexican Restaurant No. 1, Inc., 323 Ga.App. 801, 807(6), 748 S.E.2d 281 (2013). See also Clayton County v. Austin–Powell, 321 Ga.App. 12, 17, 740 S.E.2d 831 (2013).