Allstate Insurance Company and Wayne Watson, Petitioners v. Ron Dooley, Respondent

Summary

The court held that intentional concealment of evidence that remains available, but is withheld until after judgment and expiration of the time for relief under Civil Rule 60(b), supports a distinct tort of fraudulent concealment of evidence rather than intentional spoliation. It adopted six elements for that tort and held that ordinary discovery remedies are exclusive when they remain available and sufficient. The court vacated the order denying partial summary judgment and remanded for further proceedings. Justice Winfree, concurring in part and dissenting in part, agreed that the new tort should be recognized but would not limit its remedies differently from spoliation remedies.