Hills v. United Parcel Service, Inc.

NEHRING, Justice:

INTRODUCTION

¶ 1 In this appeal we consider for the first time whether Utah should recognize a cause of action for third-party spoliation of evidence. Bruce and Judith Hills sued United Parcel Service, Inc. (“UPS”) and Liberty Mutual Fire Insurance Co. for destroying evidence related to the death of their son, Mark Hills. Mark Hills’ death is the subject of a wrongful-death suit against Skyline Electric Co. The district court dismissed the Hills’ spoliation complaint under Utah Rule of Civil Procedure 12(b)(6) because it did not state a claim inasmuch as Utah does not…