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LIPS v. SCOTTSDALE HEALTHCARE CORP.

No. CV-09-0273-PR.

229 P.3d 1008 (2010)

Monica LIPS; Walter Lips, Plaintiffs/Appellants, v. SCOTTSDALE HEALTHCARE CORPORATION, an Arizona corporation, Defendant/Appellee.

Supreme Court of Arizona, En Banc.

May 3, 2010.

Attorney(s) appearing for the Case

Beus Gilbert PLLC by Leo R. Beus, Keith C. Ricker, Scottsdale, Attorneys for Monica Lips and Walter Lips.

Kent & Wittekind, P.C. by Richard A. Kent, Gordon K. Clevenger, Phoenix, Attorneys for Healthcare Corporation.

Haralson, Miller, Pitt, Feldman & McAnally P.L.C. by Stanley G. Feldman, Tucson, and Law Offices of David L. Abney, by David L. Abney, Phoenix, Attorneys for Amici Curiae Arizona Association for Justice and Arizona Trial Lawyers Association.

OPINION

RYAN, Justice.

¶ 1 We today consider whether to recognize a tort of negligent or intentional third-party spoliation. Spoliation is the destruction or material alteration of evidence. When spoliation is committed by a party to a lawsuit, it is referred to as first-party spoliation; when committed by a non-party, it is called third-party spoliation.

¶ 2 We decline to recognize a tort of third-party negligent spoliation. We need not...

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