GL Logistics Co., LLC v. Erika Flores and Christian Flores

Court of Appeals of Texas·Decided August 31, 2021·No. 04-21-00125-CV·Published

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION

No. 04-21-00125-CV

GL LOGISTICS CO., LLC, Appellant

v.

Erika FLORES and Christian Flores, Appellees

From the 406th Judicial District Court, Webb County, Texas Trial Court No. 2021CVA000265D4 Honorable Oscar J. Hale, Jr., Judge Presiding

Opinion by: Liza A. Rodriguez, Justice

Sitting: Patricia O. Alvarez, Justice Irene Rios, Justice Liza A. Rodriguez, Justice

Delivered and Filed: August 31, 2021

AFFIRMED

GL Logistics Co., LLC appeals 1 the trial court’s entry of a temporary injunction order

prohibiting it from destroying certain physical evidence concerning the motor vehicle accident on

which Erika and Christian Flores’s personal injury lawsuit is based. We affirm the trial court’s

temporary injunction order.

1 The other defendants in the underlying litigation, Joel Perez Ortega, MAS Enterprises, LLC, and METEX Developments, Corp., did not appear at the temporary injunction hearing and did not join the appeal of the temporary injunction order. 04-21-00125-CV

BACKGROUND

The underlying litigation arises out of alleged injuries sustained by Erika Flores and

Christian Flores (referred to collectively as “Flores”) during a collision between their vehicle and

a commercial tractor-trailer driven by Joel Perez Ortega and owned by GL Logistics. The accident

occurred on San Dario Avenue in Laredo on January 17, 2021 as the tractor-trailer was attempting

to turn into a commercial business. Flores’ Original Petition was filed on February 8, 2021, and

included an application for a temporary restraining order and injunction to preserve “existing

material evidence” that could be used to reconstruct the accident, namely, a surveillance video

from the premises where the accident occurred. On February 11, 2021, the trial court granted a

temporary restraining order (the “TRO”) prohibiting GL Logistics and the other defendants from

altering, selling, destroying, or disposing of any physical evidence in their possession from the incident in question including, but not limited to the Defendants’ surveillance video of its/their premises, including but not limited to video capturing San Dario Avenue and relevant surrounding areas where the incident occurred, for the day of the incident in question, January 17, 2021.

On the date scheduled for the injunction hearing, GL Logistics agreed with Flores to extend the

TRO for an additional fourteen days. The First Amended Temporary Restraining Order extending

the TRO set a March 16, 2021 hearing date “to determine whether the Temporary Restraining

Order should be made a Temporary Injunction pending a full trial on the merits.”

On March 16, 2021, the trial court conducted an evidentiary hearing via Zoom on Flores’

request for a temporary injunction. Counsel for GL Logistics informed the court that he had

provided Flores’ counsel with the requested surveillance video, as well as an invoice dated

February 9, 2021 showing that GL Logistics sold the tractor truck involved in the accident to a

Mexican entity. Defense counsel noted the sale of the truck occurred before the TRO was entered

-2- 04-21-00125-CV

on February 11, 2021 and before counsel was retained. 2 Counsel represented, “It’s one of those

things where they, you know, had a tractor just sitting there in the normal course of business. It

was sold as a lot of ten.” Counsel for GL Logistics further represented to the court that the

company had now been instructed to preserve any evidence related to the accident and there was

no need for the extraordinary remedy of an injunction. With respect to the sale of the truck, counsel

argued the doctrine of spoliation provided an adequate remedy at law to plaintiffs.

Counsel for Flores responded that not only was the truck itself relevant to reconstruction

of the accident and liability issues, but the data from the truck and the video of the accident from

the premises were also necessary and relevant. With respect to the video provided by GL

Logistics’ counsel, Flores’ counsel stated it was a seven-second clip, “with a pause in the middle,”

that is “a cell phone recording of the monitor of the accident.” The trial court viewed the video

via Zoom. Flores’ counsel argued that preservation and recovery of the original and complete

surveillance video was necessary and that one of the three corporate defendants had control over

the premises but it was unclear which at that time. 3 Counsel for GL Logistics responded the

company did not have control over the surveillance equipment and provided the portion of the

video it had in its possession. Flores’ counsel also showed the trial court a series of preservation-

of-evidence letters sent by Flores’ previous counsel to the three corporate defendants on January

19 and 21, 2021, within a few days of the accident (referred to as the “Solis Letters”). 4 Counsel

argued that, based on GL Logistics’ sale of the truck after receipt of the preservation-of-evidence

notice, there is “a legitimate concern that this evidence will not be and has not been adequately

preserved.” Counsel for GL Logistics responded that, even if the preservation-of-evidence letter

2 Exhibit I is a GL Logistics invoice dated February 9, 2021 showing a tractor truck with the same VIN number listed on the accident report (Exhibit A) was sold to a Mexican entity. 3 Exhibit G is a photograph of a GL Logistics sign at the entrance to the property where the accident occurred. 4 Exhibit B-3 is a copy of a certified letter sent to GL Logistics at the address of its registered agent.

-3- 04-21-00125-CV

was received, the letter was written in English and the company is a “Spanish speaking only

entity.” Flores’ counsel replied, “there was an opportunity to understand that letter” and asserted

the letter and subsequent sale of the truck constituted evidence that “there is a problem with

preserving evidence in the case.”

Later that day, the trial court issued its temporary injunction order prohibiting GL Logistics

and the other corporate defendants from “altering, selling, destroying, or disposing of any physical

evidence in their possession from the incident in question including, but not limited to:

(1) The Defendants’ surveillance video of its/their premises, including but not limited to, video capturing San Dario Avenue and relevant surrounding areas where the incident in question occurred, for the day of the incident in question, January 17, 2021, for a period of two hours before, and two hours after, the incident in question;

(2) The 18-wheeler rig being operated at the time of the incident in question;

(3) The component parts and accessories of both the tractor and trailer;

(4) All items of the load, cargo, freight or shipment in or on or being transported by the tractor and trailer, including any parts of same that failed or malfunctioned or broke;

(5) ECM and all other event data recorders of any and all kind for the tractor and trailer involved in the incident in question; and

(6) All photographs, video, and other photographic images of the above items.

In support of the injunction, the trial court found evidence of a cause of action against the

defendants, a probable right to the relief sought, and that immediate and irreparable harm would

result to plaintiffs in the absence of a temporary injunction. As to imminent harm, the order states,

“Plaintiffs will be irreparably injured because physical evidence in support of their claims, which

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