Miner Dederick Construction, LLP v. Gulf Chemical & Metallurgical Corporation
403 S.W.3d 451
| Tex. App. | 2013Background
- Miner Dederick contracted with Gulf to construct CB2 expansion per Ashkar Engineering’s plans.
- Oil/hazardous catalyst stored in CB2; expansion joint posed leakage risk.
- Gulf hired ESI and Ashkar to diagnose and repair; Gulf attempted repairs and coating over joint.
- Miner Dederick defended that Gulf’s design/fault caused the leak and sought damages under contract and warranty.
- Gulf conducted testing and testing evidence altered the joint; Miner Dederick alleged spoliation by Gulf.
- Trial court granted partial summary judgment on Gulf’s contract claim; jury awarded damages and Gulf’s fees; Miner Dederick appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Spoliation sanction warranted? | Miner Dederick argues Gulf spoliated evidence | Gulf claims no duty to preserve; joint altered in ordinary course | Yes, trial court abused discretion; spoliation sanctions warranted |
| Effect of spoliation on Gulf’s contract liability | Spoliation prejudiced Miner Dederick’s defense | No prejudice; evidence could be tested later | Remand for appropriate spoliation remedy; reversal of part of judgment |
| Summary judgment on Miner Dederick’s counter-claim | Gulf breached contract by faulty design; damages shown | No compensable damages; undisputed grounds for judgment | Affirmed on unchallenged grounds; no genuine damages issue; but remand for spoliation issue affects remedy |
Key Cases Cited
- Lehmann v. Har-Con Corp., 39 S.W.3d 191 (Tex. 2001) (final judgment analysis for appeal involves explicit dispositional language)