Cooper Tire & Rubber Co. v. Koch

by
The Georgia Supreme Court granted a writ of certiorari to determine whether the Court of Appeals in the preceding case, Cooper Tire & Rubber Company v. Koch, 793 SE2d 564 (2016), properly articulated the legal standard for when a plaintiff’s duty to preserve evidence begins and properly applied that standard to the facts of this case. Like a defendant’s duty, a plaintiff’s duty to preserve relevant evidence in her control arises when that party actually anticipates or reasonably should anticipate litigation. Because the Court of Appeals appropriately identified and applied this standard, as did the trial court, the Supreme Court affirmed. View "Cooper Tire & Rubber Co. v. Koch" on Justia Law