Legal Opinion

Austin v. Consolidation Coal Co.

Supreme Court of Virginia

Decided June 5, 1998No. Record 972627PublishedCited by 15 opinions

1Opinion of the CourtJustice Hassell

Pursuant to Rule 5:42, the United States District Court for the Southern District of West Virginia certified to this Court the following question of law:

“Whether Virginia law would recognize intentional or negligent interference with a prospective civil action by spoliation of evidence as an independent tort under the facts described below.”

The order contained the following facts:

“On May 20, 1995, the plaintiff Kenneth Austin was injured while working in a coal mine in Buchanan County, Virginia. The accident occurred when a hose that Mr. Austin was using to cool down a welding area burst in…

2Cases cited14 opinions

  1. Smith v. Howard Johnson Co.Ohio Supreme Court · 1993
  2. Locke v. Johns-Manville Corp.Supreme Court of Virginia · 1981
  3. Smith v. Superior CourtCalifornia Court of Appeal · 1984
  4. Hazen v. Municipality of AnchorageAlaska Supreme Court · 1986
  5. Bondu v. GurvichDistrict Court of Appeal of Florida · 1984

9 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. Hannah v. HeeterWest Virginia Supreme Court · 2003
  2. Goff v. Harold Ives Trucking Co., Inc.Supreme Court of Arkansas · 2000
  3. Fletcher v. Dorchester Mutual InsuranceMassachusetts Supreme Judicial Court · 2002
  4. Dowdle Butane Gas Co., Inc. v. MooreMississippi Supreme Court · 2002
  5. Berean Law Group, P.C. v. CoxSupreme Court of Virginia · 2000

10 more not listed; retrieve them via the Exa API.

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