Gardner v. Blackston

In Gardner v. Blackston, 185 Ga. App. 754, 755 (1) (365 S.E.2d 545) (1988) (physical precedent only), the Court stated in dicta that Georgia law does not recognize spoliation of evidence as a separate tort. The Court again looked at the issue of spoliation as an independent tort in Sharpnack v. Hoffinger, 231 Ga. App. 829 (499 S.E.2d 363) (1998). The Court noted that the tort has been recognized in some jurisdictions, including California, Florida, and Alaska, and not recognized in others. The Court further noted that the underlying goal of the spoliation tort and related theories is to provide a remedy for prejudice to an opportunity to obtain compensation for the injuries upon which the underlying litigation is predicated. In other words, the spoliation tort involves interference with the opportunity to win a lawsuit. Id. at 831.