This section contains the nature of the case and procedural background.

In 1988, P, individually and as next friend of his daughter, Linda Ortega, sued Ds for medical malpractice. Ortega alleged that the defendants were negligent in providing care and treatment during Linda's birth in 1974. Discovering that Linda's medical records from the birth had been destroyed, P then sued D in a separate suit for intentionally, recklessly, or negligently destroying Linda Ortega's medical records from the birth. P claims that Trevino had a duty to preserve Linda's medical records and that destroying the records materially interferes with P's ability to prepare his medical malpractice suit. Because the medical records are missing, P's expert cannot render an opinion about Ds’ negligence. D specially excepted and asserted that P failed to state a cause of action. The trial court gave P an opportunity to amend. P refused and the trial court dismissed the case. The court of appeals reversed the trial court's dismissal order and held that Texas recognizes an independent cause of action for evidence spoliation. D appealed.

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