Dunham

Fern and Milbum Dunham appeal from a judgment dismissing their case against respondents Condor Insurance Company (Condor) and Raven Claims Services (Raven) after respondents’ demurrer to appellants’ cause of action for negligent spoliation of evidence was sustained without leave to amend. We affirm.

Background

On June 25, 1994, appellants were seriously injured in a traffic accident involving a vehicle operated by Jack Hill, an employee of John Hill doing business as John Hill Trucking. Jack Hill was driving north on Route 29 in a truck towing a dump trailer when the trailer became disengaged from the truck and came to rest blocking traffic in both directions. Appellants were proceeding south and collided with the trailer.

Appellants sued Jack Hill and John Hill Trucking (the Hills) for damages from the accident. The Hills were insured by respondent Condor, and appellants’ claims against the Hills were handled by Condor’s claims service, respondent Raven. Appellants settled with the Hills, and executed releases of all claims against the Hills and respondents in February of 1995. The original complaint had named manufacturers of the vehicles involved in the accident as…