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SMITH v. ATKINSON

1980433.

771 So.2d 429 (2000)

William Christopher SMITH, individually; as father and next friend of Alexandria Smith and Chris Smith, minors; and as administrator of the estate of Monica Smith v. Carl ATKINSON et al.

Supreme Court of Alabama.

Rehearing Denied April 28, 2000.

Attorney(s) appearing for the Case

W. Lee Pittman and Robert Potter of Pittman, Hooks, Dutton & Hollis, P.C., Birmingham, for plaintiff.

Frank J. Stakely and William H. Webster of Rushton, Stakely, Johnston & Garrett, P.A., Montgomery, for defendant.

LYONS, Justice.

The United States District Court for the Middle District of Alabama has certified to this Court the following questions, acting pursuant to Rule 18, Ala. R.App. P.: "(1) Does Alabama recognize a cause of action for the independent tort of spoliation of evidence against a third party? and (2) If so, what are the elements of that tort?"

I.

The district court's order certifying its questions provides the following background information...

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