Dansak v. Cameron Coca-Cola Bottling Co.

703 A.2d 489, 1997 Pa. Super. LEXIS 3656, 1997 WL 724853
CourtSuperior Court of Pennsylvania
DecidedNovember 18, 1997
DocketNo. 1285 and 1872
StatusPublished
Cited by51 cases

This text of 703 A.2d 489 (Dansak v. Cameron Coca-Cola Bottling Co.) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dansak v. Cameron Coca-Cola Bottling Co., 703 A.2d 489, 1997 Pa. Super. LEXIS 3656, 1997 WL 724853 (Pa. Ct. App. 1997).

Opinion

FORD ELLIOTT, Judge:

In this ease, we hold that the trial court erred when it granted summary judgment to defendants based on the “spoliation of evidence” doctrine. We therefore reverse the trial court’s order granting summary judgment to appellee Cameron Coca-Cola Bottling Company, Inc. (“Cameron”) at No. 1372 Pittsburgh 1995. We also reverse the trial court’s grant of summary judgment to appel-lee Owens-Brockway Glass Containers, Inc., formerly known as Owens-Illinois Glass Containers, Inc. (“Owens”) at No. 1285 Pittsburgh 1995.1

The facts of the case are drawn from appellant Wilma Dansak’s deposition, taken on June 21, 1994. She stated that she was injured on December 3, 1991, while working the midnight-to-8:00 a.m. shift at a CoGo’s convenience store in White Oak, Pennsylvania. The injury arose as Dansak was removing glass bottles of soda from their plastic “six-pack” containers and placing them in the store’s coolers. The six-packs are delivered to CoGo’s in cardboard boxes. Dansak was the only employee responsible for filling the cooler with soda bottles, and was the only employee in the store at the time.

On the night in question, the boxes were stacked four-high from the floor in the storage area behind the cooler. As was her custom, Dansak removed the six-pack from the topmost box, held it in her left arm, and removed a bottle from the pack with her right hand, using a twisting motion. In doing so, she cut her right hand on a broken adjacent bottle, which remained anchored within the six-pack’s plastic easing. According to Dansak, the entire bottom part of the broken bottle was missing.

Upon noticing that she had been cut, she put down the six-pack and ran to call for medical assistance. She never went back to the cooler to examine the six-pack or the box. However, she states that she would have noticed (but did not notice) the presence of broken glass or spilled liquid in the box. She tended to her hand while waiting for assistance to arrive; she was then immediately hospitalized. She claims that the injury has caused, inter alia, nerve damage (reflex sympathetic dystrophy) in her hand.

Dansak later learned that her store manager threw away the six-pack, including the broken bottle. No party to the litigation was responsible for the bottle’s disappearance, and no party ever had the opportunity to inspect the product before it was destroyed. While Dansak has not consistently identified the exact type of soda contained in the six-pack,2 she has never wavered in identifying the six-pack as coming from a box containing Cameron’s products.

On January 25, 1993, Dansak commenced an action against Cameron alleging strict products liability and breach of warranty. Cameron later filed a complaint to join Owens, its glass bottle supplier, as an additional defendant.

Cameron filed a motion for summary judgment, alleging that Dansak’s claim was barred because (1) she could not produce to the defense the product that injured her, and (2) she could not proceed on a “malfunction” theory of products liability because she could not establish a defect in the product or eliminate reasonable secondary causes for the product’s malfunction. On February 14, 1995, without issuing a supporting opinion, the trial court granted summary judgment to [492]*492Cameron. Owens then filed a motion for summary judgment on grounds identical to Cameron’s. The trial court, without issuing a supporting opinion, granted this unopposed motion on June 13, 1995. After Dansak appealed to this court, the trial court issued a memorandum in support of its judgment in favor of Cameron3 on the ground that Cameron was “greatly prejudiced” by Dansak’s failure to preserve the product for inspection.

Our standards on appeal for ruling on a grant of summary judgment are well known.

The trial court must accept as true all well-pleaded facts in the non-moving party’s pleadings, and give to him or to her the benefit of all reasonable inferences to be drawn therefrom. Jefferson v. State Farm Insurance, 380 Pa.Super. 167, 170, 551 A.2d 283, 284 (1988). Summary judgment should not be entered unless the ease is clear and free from doubt. Hathi v. Krewstown Park Apartments, 385 Pa.Super. 613, 615, 561 A.2d 1261, 1262 (1989). A grant of summary judgment is proper where the pleadings, depositions, answers to interrogatories and admissions on file support the lower court’s conclusion that no genuine issue of material fact exists and that the moving party is entitled [to] judgment as a matter of law. Pa. R.C.P. No. 1035, 42 Pa.C.S.A.; Hatter v. Landsberg, 386 Pa.Super. 438, 440, 563 A.2d 146, 147-48 (1989). See Penn Center House, Inc. v. Hoffman, 520 Pa. 171, 176, 553 A.2d 900, 903 (1989) (entire record before lower court must be thoroughly examined and all doubts as to the existence of a genuine issue of material fact are to be resolved against a grant of summary judgment). We will overturn a trial court’s entry of summary judgment only if there has been an error of law or a clear abuse of discretion. McCain v. Pennbank [379 Pa.Super. 313, 318], 549 A.2d 1311, 1313 (1988).

Troy v. Kampgrounds of America, Inc., 399 Pa.Super. 41, 44-46, 581 A.2d 665, 667 (1990), citing O’Neill v. Checker Motors, 389 Pa.Super. 430, 434-35, 567 A.2d 680, 682 (1989).

The primary question on appeal is whether the trial court erred as a matter of law when it granted summary judgment based on the spoliation of evidence doctrine.

In Roselli v. General Electric Co., 410 Pa.Super. 223, 599 A.2d 685 (1991), the court found that when a plaintiff voluntarily disposes of the product which he claims is defective, summary judgment in favor of the defendant-is appropriate:

To permit claims of defective products where a purchaser of the product has simply thrown it away after an accident, would both encourage false claims and make legitimate defense of valid claims more difficult. It would put a plaintiff (or plaintiffs attorney) in the position of deciding whether the availability of the item would help or hurt his or her case. Where producing the product for defense inspection would weaken rather than strengthen a case, we unfortunately are obliged to conclude that some plaintiffs and attorneys would be unable to resist the temptation to have the product disappear.

[493]*493Roselli, supra at 228, 599 A2d at 687-88 (citation omitted).

Pennsylvania state and federal cases applying this spoliation of evidence doctrine have consistently granted summary judgment to defendants when the plaintiff was in any way at fault for failing to preserve the defective product. See id. (plaintiff simply threw away allegedly defective glass carafe), citing Martin v. Volkswagen of America, No.

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Bluebook (online)
703 A.2d 489, 1997 Pa. Super. LEXIS 3656, 1997 WL 724853, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dansak-v-cameron-coca-cola-bottling-co-pasuperct-1997.