Commercial Litigation and Arbitration

Third Party, But Not First Party, Spoliation States a Claim in Montana

From Peschel v. City of Missoula, 2008 U.S. Dist. LEXIS 98651 (D. Mont. Dec. 5, 2008):

The Montana Supreme Court has recognized the torts of negligent and intentional spoliation as viable independent causes of action. Oliver v. Stimson Lumber Co., 1999 MT 328, P40, 297 Mont. 336, 993 P.2d 11. These torts, however, are cognizable only when the loss or destruction of evidence is committed by an entity or individual who is a third party to the plaintiff's underlying cause of action and dispute. Oliver, at PP 32-34. Otherwise, the Montana Supreme Court has found "no reason to recognize a new tort theory to provide relief to litigants when evidence is intentionally or negligently destroyed by a party to the litigation." Id. at P 32.

Share this article:


Recent Posts