Georgia Supreme Court Reverses Discovery Sanction for Party’s Failure to Preserve Evidence

Parties in a personal injury case have to take great care in maintaining evidence that may be relevant to the case, even if litigation has not yet begun. In one recent case before Georgia’s Supreme Court, the Court considered whether the defendant was properly sanctioned for failing to preserve evidence. The case may not seem as though it pertains to Georgia personal injury cases, however, the court’s decision applies equally to personal injury cases in which one of the parties is alleged to have destroyed, altered, or failed to preserve necessary evidence. The Facts of the Case A woman took photos of what she claimed was a bug in her food while she was eating at a work cafeteria. She emailed photos to the building superintendent, and also sent the photos to Walgreens to be printed before delivering them to her superintendent the following day. The food vendor was removed from the list of qualified vendors and later filed a claim as a result of the incident. Almost…

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