MANORCARE HEALTH SERVICES, INC. v. OSMOSE WOOD PRESERVING, INC.


764 A.2d 475 (2001)

MANORCARE HEALTH SERVICES, INC., Plaintiff-Appellant, v. OSMOSE WOOD PRESERVING, INC., Defendant-Respondent, and Hoover Treated Wood Products, Inc., Wood Treating Corporation of Philadelphia, The Bennett Lumber Company d/b/a V.G. Bennett Lumber Co. or Volney G. Bennett Lumber Company, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided January 11, 2001.


Attorney(s) appearing for the Case

Stephen R. Mysliwiec (Piper Marbury Rudnick & Wolfe) of the Washington, D.C. bar, admitted pro hac vice, argued the cause for appellant (Piper Marbury Rudnick & Wolfe, attorneys Mr. Mysliwiec and Keith E. Smith, on the brief).

T. Gregory Slother of the State of Florida bar, admitted pro hac vice, argued the cause for respondent (Morgan, Melhuish, Monaghan, Arvidson, Abrutyn & Lisowski, attorneys respondent) (Mr. Slother and Richard J. Hull, of counsel, and Heidi P. Rubin Cohen and Mr. Hull, on the brief).

Before Judges PETRELLA, NEWMAN, and WELLS.


The opinion of the court was delivered by NEWMAN, J.A.D.

In this spoliation of evidence case, we address the issue of appropriate sanctions in a case involving fire retardant treated (FRT) plywood, where the manufacturer was afforded an opportunity to inspect the damaged plywood and did so, but was denied notice of the removal and replacement of the damaged plywood and thereby lost the ability to monitor the removal and replacement phase. We conclude that the appropriate...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases