Judgment affirmed in Silman v. Assocs. Bellemead, 294 Ga.App. 764 (2008); phrase, potential for litigation, in Baxley v. Hakiel Insudtried, 282 Ga. 312 (2007), refers to litigation that is actually contemplated or pending and nothing more;  Baxley reaffirmed proposition that ‘ “spoliation refers to the destruction or failure to preserve evidence that is necessary to contemplated or pending litigation.” ‘

Silman v. Associates Belemead, S09G0490 (10/19/09).

Fulton County Daily Report, 10/30/2009.