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 discovered only after judgment and expiration of the period for relief from judgment, supports a narrowly defined tort of fraudulent concealment of evidence rather than intentional spoliation. It held that ordinary discovery sanctions are exclusive when evidence is produced before judgment and that the new tort requires a viable underlying claim, material evidence unavailable from another source, intent to disrupt litigation, resulting damage, and the absence of another remedy. The court vacated the denial of partial summary judgment and remanded for further proceedings. WINFREE, Justice, 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.