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COLE VISION CORP. v. HOBBS

No. 26988.

394 S.C. 144 (2011)

714 S.E.2d 537

COLE VISION CORPORATION and Sears Roebuck & Company, Inc., Plaintiffs, Of Whom Cole Vision Corporation is the, Petitioner, v. Steven C. HOBBS, O.D. and NCMIC Insurance Company, Defendants, Of Whom Steven C. Hobbs, O.D. is the, Respondent.

Supreme Court of South Carolina.

Decided June 20, 2011.

Attorney(s) appearing for the Case

E. Raymond Moore, III , Adam J. Neil , and Ashley B. Stratton , of Murphy & Grantland, all of Columbia, for Petitioner.

Hardwick Stuart, Jr. , of Berry, Quackenbush and Stuart, of Columbia, for Respondent.

Justice HEARN.

We granted certiorari to review the decision of the court of appeals in Cole Vision Corp. v. Hobbs, 384 S.C. 283, 680 S.E.2d 923 (Ct.App.2009), which reversed the circuit court's dismissal of Hobbs' counterclaim for spoliation of evidence. Cole Vision Corporation (Cole Vision) argues the tort of negligent spoliation of evidence is not cognizable under South Carolina law. We agree...

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