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HIBBITS v. SIDES

No. S-9630.

34 P.3d 327 (2001)

Paul HIBBITS and Dacari K. Purvis, Appellants, v. Dan SIDES, Appellee.

Supreme Court of Alaska.

November 2, 2001.

Attorney(s) appearing for the Case

Phillip E. Benson, Law Offices of Phillip E. Benson, Anchorage, for Appellants.

Venable Vermont, Jr., Assistant Attorney General, Anchorage, Bruce M. Botelho, Attorney General, Juneau, for Appellee.

Before: FABE, Chief Justice, MATTHEWS, EASTAUGH, BRYNER, and CARPENETI, Justices.

OPINION

MATTHEWS, Justice.

I. INTRODUCTION

Does Alaska recognize intentional third-party spoliation as a tort? In light of our earlier decisions in Nichols v. State Farm Fire and Casualty Co.1 and Hazen v. Municipality of Anchorage,2 we conclude that it does. Accordingly, we hold that it was error to dismiss appellants...

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