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Florida Third DCA rules that spoliation case does not accrue until underlying tort case is resolved

On September 26, 2018, in Amerisure Insurance Company v. Rodriguez, No. 3D18-1524, the Florida Third DCA reversed a trial court ruling allowing third-party spoliation action to be tried jointly with the underlying case against the tortfeasor who caused the injury and permitting consolidated discovery as to both causes of action. The defendant named in the third-party spoliation cause of action was defendant’s employer, who allegedly had possession of and then lost a videotape of the accident. The Third DCA concluded that requiring the third-party spoliation defendant to provide discovery and proceed to trial regarding a claim that has not accrued and may never accrue if the plaintiff is successful in his underlying claim, would constitute irreparable harm, citing, inter alia, Castle Key Ins. Co. v. Benitez, 124 So. 3d 379, 380 (Fla. 3d DCA 2013) and Gen. Star Indem. Co. v. Atl. Hosp. of Fla., LLC, 93 So. 3d 501, 503 (Fla. 3d DCA 2012); . Jimenez v. Cmty. Asphalt Corp., 968 So. 2d 668, 672 (Fla. 4th DCA 2007); Jost v. Lakeland Reg’l Med. Ctr., Inc., 844 So. 2d 656, 658 (Fla. 2d DCA 2003).

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