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TROUP v. TRI-COUNTY CONFINEMENT SYSTEMS

708 A.2d 825 (1998)

Lamar E. TROUP v. TRI-COUNTY CONFINEMENT SYSTEMS, INC. v. RIGIDPLY RAFTERS, Brubaker Builders, Paul D. Ottens, P.E. and Mitek Industries. Appeal of TRI-COUNTY CONFINEMENT SYSTEMS, INC.

Superior Court of Pennsylvania.

Filed February 27, 1998.

Attorney(s) appearing for the Case

Pamela S. Parascandola, Harrisburg, for appellant.

Robert J. Powell, West Hazleton, for Rigidply Rafters, appellee.

Susan M. Kadel, Lancaster, for Mitek Industries, appellee.

Before FORD ELLIOTT, EAKIN and OLSZEWSKI, JJ.

OLSZEWSKI, Judge:

This appeal is from a trial court order granting summary judgment for appellees, Rigidply Rafters (Rigidply) and Mitek Industries (Mitek). We hold that the trial court erred in granting summary judgment based on spoliation of evidence.

On March 4, 1994, the roof of a hog barn owned by the original plaintiff in this action collapsed. The roof was constructed by appellant Tri-County Confinement Systems, Inc. (Tri-County), the original defendant...

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