Kelly v. St. Mary Hospital

MONTEMURO, Judge:

In this appeal from an order granting Ap-pellee’s preliminary objections, Appellant raises the question of whether a claim for spoliation of evidence presents a viable cause of action in Pennsylvania.

In March of 1991, during a two week stay in the maternity ward of Appellee hospital, Appellant was struck on the left wrist by a guardrail while attempting to reach the control buttons attached to her hospital bed. Allegedly the guardrail struck Appellant’s wrist on two further occasions, causing serious injury.

In 1993, Appellant commenced an action against St. Mary Hospital and…