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SMITH v. HOWARD JOHNSON CO., INC.

No. 92-1335.

67 Ohio St.3d 28 (1993)

SMITH ET AL. v. HOWARD JOHNSON COMPANY, INC. ET AL.

Supreme Court of Ohio.

Decided August 4, 1993.

Attorney(s) appearing for the Case

Vorys, Sater, Seymour & Pease and Robert E. Tait, for respondents William R. and Kathryn W. Smith.

Squire, Sanders & Dempsey, David J. Young, David W. Alexander and Matthew G. Kallner, for petitioners Marriott Family Restaurant, Inc., Howard D. Johnson Company and Howard Johnson Company.

The United States District Court, Southern District of Ohio, Eastern Division, pursuant to S.Ct.Prac.R. XVI, has certified the following questions to us:

"1. Does Ohio recognize a claim for intentional or negligent spoliation of evidence and/or tortious interference with prospective civil litigation?

"2. If so,

"a. What are the elements of such a claim; and

"b. Does such a claim exist between the parties to the primary action (i.e.,...

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