Elliott-Thomas v. Smith

The tort of intentional interference with or destruction of evidence does not include claims alleging interference with or concealment of evidence that disrupt a plaintiff’s underlying case.Appellee filed an action against a school district, its board of education, and five board members (collectively, school defendants) alleging wrongful termination and sex discrimination. Appellants were attorneys who represented the school defendants in the wrongful termination case. While the wrongful termination case was pending, Appellee filed the instant action against Appellants, alleging intentional spoliation of evidence. The trial court granted summary judgment for Appellants because Appellee was unable to establish that Appellants had physically destroyed evidence. The appellate division reversed, concluding that the intentional concealment, interference with, or misrepresentation of evidence was sufficient to establish a viable spoliation claim. The Supreme Court reversed and reinstated the judgment of the trial court, holding that allegations of intentional interference with or concealment of evidence are not actionable under the independent tort of intentional spoliation of evidence. View "Elliott-Thomas v. Smith" on Justia Law