Harris v. State, Dep't of Corrections [01/29/13] 2013 MT 16 Where the employer either intentionally or negligently destroyed a video recording of the claimant’s taser training session relevant to his personal injury claim, the claimant did not have an independent cause of action for spoliation of evidence against the employer since Montana does not recognize the tort of spoliation against a direct party.  To address the claimant’s spoliation of evidence in some other way, the claimant would have had to allege a viable cause of action, and his claim for personal injury was barred by the exclusive remedy provision of the WCA.