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PEEK v. STATE AUTO MUT. INS. CO.

No. 1930505.

661 So.2d 737 (1995)

Ricky PEEK and Barbara Peek v. STATE AUTO MUTUAL INSURANCE COMPANY, et al.

Supreme Court of Alabama.

Rehearing Denied May 5, 1995.

Attorney(s) appearing for the Case

Robert C. Gammons and Charles H. Pullen of Watson, Gammons & Fees, P.C., Huntsville, for appellants.

W. Stanley Rodgers and Jeffrey T. Kelly of Lanier, Ford, Shaver & Payne, P.C., Huntsville, for James D. Thornton, Sr. and Wikle-Thornton-Holcombe & Associates, Inc.

Gary K. Grace and Jennifer E. Morton of Grace & Shaw Attorneys, Huntsville, and Stephen E. Whitehead and James S. Lloyd of Lloyd, Schreiber & Gray, P.C., Birmingham, for State Auto Mut. Ins. Co.

Alabama Defense Lawyers Ass'n by Richard Manley, Demopolis, its president, and J. Mark Hart, of Spain, Gillon, Grooms, Blan & Nettles, Birmingham, for amicus curiae.

BUTTS, Justice.1

The plaintiffs, Ricky Peek and his wife Barbara Peek, appeal from a summary judgment entered in favor of the defendants James D. Thornton, Sr., Wikle-Thornton-Holcombe & Associates, Inc. ("WTH"), and State Auto Mutual Insurance Company ("State Auto") on the plaintiffs' claims alleging intentional "spoliation of evidence." We affirm.

I.

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