Classen v. Arete NW, LLC

Plaintiff appeals from a judgment dismissing with prejudice her complaint for intentional or negligent spoliation of evidence. The trial court entered the judgment after granting defendant’s motion to dismiss plaintiff’s complaint under ORCP 21 A(8) for failure to state facts sufficient to constitute a claim for relief and denying plaintiff’s motion to amend her complaint to add a claim for negligent infliction of emotional distress. We affirm the dismissal of the original complaint but nevertheless reverse and remand because we conclude that the trial court improperly exercised its…