Fidler v. AIKG, LLC, Nos. A26A1558, A26A1559, 2026 WL 2919895, __ S.E.2d __ (Ga. Ct. App. Sept. 29, 2026). The court (Dillard, P.J.; Gobeil and Pipkin, JJ., concur) vacates the spoliation and summary judgment rulings in a go-kart injury action, and affirms in part and vacates in part on cross-appeal. The facility received a preservation letter, investigated the incident, retained selected footage, and destroyed the remainder. The court held that, after finding actual notice of contemplated litigation, the trial court could not negate the preservation duty by applying a nonexistent reasonableness standard to the letter’s breadth or specificity. The duty arises when litigation is reasonably foreseeable. Id. at **1–4. The spoliation motion and resulting summary judgment required reconsideration. The counterclaim also required consideration of the covenant-not-to-sue and indemnification grounds, apart from the waived alternative-dispute-resolution right. Id. at **4–5.
