SCHROEDER v. COM., DEPT. OF TRANSP.


710 A.2d 23 (1998)

Kelly A. SCHROEDER, Individually and as Administratrix of the Estate of Gary H. Schroeder, Appellant, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, Navistar International Transportation Corp., a/k/a International Harvester Co., and Sheets Truck Center Inc., Appellees.

Supreme Court of Pennsylvania.

Decided April 1, 1998.


Attorney(s) appearing for the Case

David B. Dowling, Harrisburg, for Kelly A. Schroeder.

Matthew A. Hartley, Pittsburgh, Pennsylvania Trial Lawyers Ass'n, Amicus Curiae.

Robert J. Hafner, Thomas Finarelli, Philadelphia, for Navistar Intern. Transp.

Before FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE, NIGRO and NEWMAN, JJ.


OPINION

NIGRO, Justice.

This case presents the Court's first opportunity to address whether product liability defendants and a non-product liability defendant are entitled to summary judgment when the plaintiff has allegedly failed to preserve a defectively-designed product. For the reasons discussed below, we reverse the Commonwealth Court's decision affirming the grant of summary judgment for Appellees.

Navistar International Transportation...

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