Elliott-Thomas v. Smith

Ohio Supreme Court

Elliott-Thomas v. Smith

2017 Ohio 6964, 78 N.E.3d 907, 150 Ohio St. 3d 1406

Ohio Supreme Court·Decided July 26, 2017·No. 2017-0693·Published

Opinion

Trumbull App. No. 2015-T-0007, 2017-Ohio-702. On review of an order certifying a conflict. The court determines that a conflict exists. The parties are ordered to brief the issue stated at page 5 of the court of appeals’ entry filed May 4, 2017: “Does the tort of intentional interference with or destruction of evidence include claims alleging interference with or concealment of evidence that disrupt a plaintiffs underlying case? Or, is the tort of intentional interference with or destruction of evidence limited to claims that allege evidence is physically altered or destroyed?”

The conflict cases are O’Brien v. Olmsted Falls, 8th Dist. Cuyahoga Nos. 89966 and 90336, 2008-Ohio-2658, Allstate Ins. Co. v. QED Consultants, 5th Dist. Knox No. 09CA14, 2009-Ohio-4896, and McGuire v. Draper, Hollenbaugh & Briscoe Co., L.P.A., 4th Dist. Highland No. 01CA21, 2002-Ohio-6170.

The clerk shall issue an order for the transmittal of the record from the court of appeals for Trumbull County.

O’Donnell and Kennedy, JJ., dissent.

Free access — add to your briefcase to read the full text and ask questions with AI

Trumbull App. No. 2015-T-0007, 2017-Ohio-702. On review of an order certifying a conflict. The court determines that a conflict exists. The parties are ordered to brief the issue stated at page 5 of the court of appeals’ entry filed May 4, 2017: “Does the tort of intentional interference with or destruction of evidence include claims alleging interference with or concealment of evidence that disrupt a plaintiffs underlying case? Or, is the tort of intentional interference with or destruction of evidence limited to claims that allege evidence is physically altered or destroyed?”

The conflict cases are O’Brien v. Olmsted Falls, 8th Dist. Cuyahoga Nos. 89966 and 90336, 2008-Ohio-2658, Allstate Ins. Co. v. QED Consultants, 5th Dist. Knox No. 09CA14, 2009-Ohio-4896, and McGuire v. Draper, Hollenbaugh & Briscoe Co., L.P.A., 4th Dist. Highland No. 01CA21, 2002-Ohio-6170.

The clerk shall issue an order for the transmittal of the record from the court of appeals for Trumbull County.

O’Donnell and Kennedy, JJ., dissent.

Elliott-Thomas v. Smith, 2017 Ohio 6964, 78 N.E.3d 907, 150 Ohio St. 3d 1406 (Ohio 2017).

Pincite

2017 Ohio 6964 (Elliott-Thomas v. Smith) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related