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REYNOLDS v. BORDELON

No. 2014-C-2362.

172 So.3d 589 (2015)

Richard L. REYNOLDS v. Robert J. BORDELON III, Robert J. Bordelon Jr., Usagencies Casualty Insurance Company, Automobile Club Inter-Insurance Exchange, and/or Auto Club Family Insurance Company d/b/a Triple a Insurance, Nissan North America, Infinity Division of Nissan North America, Inc., a Luxury Car Division of Nissan Motors, Insurance Auto Auctions Corp., ABC Insurance Company, Def Insurance Company and XYZ Insurance Company. State Farm Mutual Automobile Insurance Company as Subrogee of/and Linda Dupuy v. Robert Bordelon and Usagencies Casualty Insurance Company.

Supreme Court of Louisiana.

June 30, 2015.

Attorney(s) appearing for the Case

Christine Yvonne Voelkel , Covington, LA, for Applicant.

Chopin, Wagar, Richard & Kutcher, LLP, Richard Allan Chopin , Michael Leon Cohen , Metairie, LA; McCraine Sistrunk , Anzelmo, Hardy, McDaniel & Wel, Keith W. McDaniel ; Stone Pigman Walther Wittmann, LLC, Michael Quirk Walshe, Jr. , Justin Paul Lemaire , New Orleans, LA, for Respondent.

We granted certiorari to determine whether Louisiana recognizes the tort of negligent spoliation. For the reasons that follow, we hold that no cause of action exists for negligent spoliation of evidence. Regardless of any alleged source of the duty, whether general or specific, public policy in our state precludes the existence of a duty...

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