Monica Lips; Walter Lips, Plaintiffs/appellants v. Scottsdale Healthcare Corporation, an Arizona Corporation…

Summary

The Arizona Supreme Court declined to recognize a tort of third-party negligent spoliation because the alleged loss involved purely economic injury and no duty of care arose from the surgeon's request that the hospital preserve the prosthesis parts. The court did not decide whether Arizona would recognize third-party intentional spoliation, but held that the complaint failed to allege the required intent to disrupt or defeat the litigation. The court vacated the specified portion of the court of appeals' opinion and affirmed dismissal of the claims.