Menu
Jul 3, 2017

Georgia Declines to Recognize a Claim for Negligent Destruction of Evidence

Car Accident

An individual is injured in an automobile accident. He wants to file a products liability suit against the manufacturer of the tires on his car. However, his insurance company has disposed of the car and the tires. Can the injured person sue his insurance company for having negligently destroyed important evidence? The Georgia Court of Appeals answered “no” in Phillips v. Owners Ins. Co., Case No. A17A0251 (decided June 29, 2017). Shortly after his auto accident, Mr. Phillips settled his claim for vehicle damage with his own insurance company, Owners Insurance Company. Mr. Phillips’ attorney had sent a letter to… Read more