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OLSON v. GRUTZA

428 Pa.Super. 378 (1993)

631 A.2d 191

Curtis OLSON and Donna Olson, His Wife and John Pfeiffer and Autumn Pfeiffer, His Wife, Appellants, v. John M. GRUTZA, T/A John M. Grutza Rentals, v. NATIONAL INDUSTRIAL CONTRACTORS, INC.; Harnischfeger Corporation; C.C. & F.F. Kessler, Inc. and Wheelabrator Frackville Energy Company, v. RUST INTERNATIONAL CORPORATION, Raymond Hayes, Edward S. Chandler and Robert McDonald, Appellees. Curtis OLSON and Donna Olson, His Wife and John Pfeiffer and Autumn Pfeiffer, His Wife, Appellees, v. John M. GRUTZA, T/A John M. Grutza Rentals, v. NATIONAL INDUSTRIAL CONTRACTORS, INC.; Harnischfeger Corporation; C.C. & F.F. Kessler, Inc. and Wheelabrator Frackville Energy Company, Rust International Corporation and Raymond Hayes, Edward S. Chandler and Robert McDonald. Appeal of HARNISCHFEGER CORPORATION.

Superior Court of Pennsylvania.

Filed August 31, 1993.

Attorney(s) appearing for the Case

James J. Riley, III, Pottsville, for Olson and Pfeiffer.

James Joseph Bee, Philadelphia, for Harnischfeger.

Chester C. Corse, Jr., Pottsville, for National Indus., appellee.

Before BECK, POPOVICH and HESTER, JJ.

POPOVICH, Judge:

This is an appeal from the order entered in the Court of Common Pleas of Schuylkill County sustaining appellees' preliminary objections to appellants' request to amend a joinder complaint for claims of spoliation of evidence and for claims sounding in negligence. We are asked to determine whether the lower court committed an error of law or abused its discretion in sustaining appellees' preliminary objections. We affirm.

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