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STORY v. RAJ PROPERTIES, INC.

1031349.

909 So.2d 797 (2005)

Joseph Lynn STORY v. RAJ PROPERTIES, INC.; TEC Specialty Products, Inc., f/k/a TEC, Inc.; H.B. Fuller Company, Inc.; Birmingham Drywall, Inc.; and General Coatings, Inc.

Supreme Court of Alabama.

March 18, 2005.

Attorney(s) appearing for the Case

Ralph Bohanan, Jr., of Bohanan & Belt, P.C., Birmingham, for Joseph Lynn Story.

James A. Kee, Jr., and Angela Collier Shields of Kee & Selby, LLP, Birmingham, for appellee RAJ Properties, Inc.

Warren B. Lightfoot and J. Bradley Powell of Lightfoot, Franklin & White, L.L.C., Birmingham; and Richard G. Morgan and Alana K. Bassin of Bowman & Brooke, LLP, Minneapolis, Minnesota, for appellees TEC Specialty Products, Inc., and H.B. Fuller Company, Inc.

W. Scott McGarrah III of McGarrah & Davenport, P.C., Birmingham, for appellees Birmingham Drywall, Inc., and General Coatings, Inc.

SEE, Justice.

Joseph Lynn Story, the plaintiff below, appeals from summary judgments entered against him by the Shelby Circuit Court based on Story's spoliation of the evidence. We affirm.

Story is the occupant and first owner of a house located in Wilsonville. Story purchased the house from its builder, RAJ Properties, Inc. ("RAJ"), in November 1993. The exterior of the house was finished with an exterior insulation and finishing system ("EIFS"), commonly...

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