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Burton v. Estate of Davis6/27/2000
FOR PUBLICATION
OPINION - FOR PUBLICATION
STATEMENT OF THE CASE
This appeal arises from the trial court's response to a motion by Defendants Robert Burton ("Burton"), individually and as an agent and representative of Meese, Inc., and Meese, Inc. ("Meese") asking the court to dismiss portions and strike a portion of the supplemental complaint filed by Plaintiff Estate of David Davis, by its personal representative, Roxann Davis (the "Estate"). Burton and Meese appealed the trial court's denial of portions of their motion and, in a separate appeal, the Estate appealed the grant of a portion of the motion. The two appeals have been consolidated for our review.
We affirm in part and reverse in part.
ISSUES
Burton and Meese raise one multi-part issue for our review. For purposes of clarity, we restate the issue as four separate issues (Issues I-IV). The Estate raises one issue, which we restate below as Issue V.
I. Whether the Estate had standing to bring an action for intentional interference with civil litigation by spoliation of evidence.
II. Whether the trial court erred in denying Burton and Meese's motion to dismiss the Estate's claim for intentional interference with civil litigation by spoliation of evidence.
III. Whether the trial court erred in denying Burton and Meese's motion to dismiss the Estate's claim for negligent hiring and retention of Burton contributing to the spoliation of evidence.
IV. Whether the trial court erred in not striking the Estate's claim for punitive damages.
V. Whether the trial court erred in granting Burton and Meese's motion to dismiss the Estate's claim for negligent hiring and retention of Burton resulting in Davis's death.
FACTS AND PROCEDURAL HISTORY
On October 20, 1997, vehicles driven by David Davis ("Davis") and Burton collided in Jefferson County. Immediately before the collision, Davis was driving a Ford Aerostar in a northerly direction near an intersection with the exit drive for the Madison Recycling Center. At the same time, Burton was operating a Meese vehicle and was attempting to exit the recycling center. Davis died in the collision.
The Estate filed a complaint alleging that the accident and Davis's wrongful death were caused by the acts and omissions of Burton and Meese. The Estate subsequently filed a supplemental complaint alleging (1) that Burton committed the act of intentional interference with civil litigation through spoliation of evidence when he "willfully, maliciously, and intentionally moved [Meese's] truck from its final rest position after impact, with [Davis's] van attached, in an effort to deceive and mislead the accident investigation and cover-up important potential evidence of the collision, i.e., initial point of impact and the final rest position of the vehicles"; (2) that Meese negligently hired and retained Burton, contributing to the alteration of the collision scene by Burton; and (3) that Meese negligently hired and retained Burton, contributing to Davis's death. (R. 21-22).
Burton and Meese filed a motion to dismiss the supplemental complaint pursuant to Ind.Trial Rule 12(B)(6). The trial court granted the motion as it applied to the Estate's allegation that Meese's alleged negligent hiring and retention of Burton contributed to Davis's death. The basis for the grant was the trial court's belief that the claim was for personal injury, and that the claim was precluded by the survival statute and subsumed by the wrongful death statute. The trial court denied the motion as it pertained to the spoliation claims. The trial court
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