Summary
excluding evidence in design defect case due to plaintiff's spoliation
Summary of this case from Pennsylvania Trust Company v. Dorel Juvenile GroupOpinion
Civil Action No. 97-5965
August 15, 2000
ORDER
KATHARINE S. HAYDEN, U.S.D.J.:
This matter having come before the Court on defendant's motion for dismissal or in the alternative for summary judgement under the theory that plaintiff spoiled crucial evidence; the Court having considered the submissions of the parties without oral argument and for the reasons set forth in the Court's Opinion filed this day; and for good cause shown;
It is this 15th day of August, 2000, hereby
ORDERED that any and all evidence relating to the post-accident condition of the plaintiffs truck is precluded and cannot be used at trial; and it is further
ORDERED that defendant's motion is denied.