O'Donnell v. Big Yank, Inc.

DEL SOLE, Judge.

Following a ruling on two Motions in Li-mine which precluded a finding of liability against Appellees, the trial court entered an order of Summary Judgment in their favor and against Appellants. The conclusion that an award of Summary Judgment was warranted came after the court ruled that the “spoliation” doctrine applied in this matter and that Appellants’ claims were pre-empted by federal legislation. Because we have determined that both these conclusions were reached in error, we reverse the award of Summary Judgment and remand this matter for trial.

Appellants, Mr. and Mrs.…