Superior Boiler Works, Inc. v. Kimball

The opinion of the court was delivered by

Luckert, J.:

In Koplin v. Rosel Well Perforators, Inc., 241 Kan. 206, 734 P.2d 1177 (1987), this court concluded that “absent some independent tort, contract, agreement, voluntary assumption of duty, or special relationship of the parties, the new tort of ‘the intentional interference with a prospective civil action by spoliation of evidence’ should not be recognized in Kansas.” Koplin, 241 Kan. at 215. In reaching this holding, this court reserved the question of whether Kansas would recognize the tort if a defendant or potential defendant in an…