Plorin v. Bedrock Foundation & House Leveling Co.

HECHT, Justice.

The single issue in this case is whether the trial court abused its discretion in dismissing appellants’ cause of action as a sanction for destroying physical evidence while a discovery request was pending. We hold that it did not, and consequently, affirm the trial court’s judgment.

Mark and Susan Plorin contracted with Bedrock Foundation and House Leveling Company, Inc. to repair and level the foundation of the Plorins’ home. Bedrock completed the work on November 7, 1985, but the Plorins were not satisfied. The Plo-rins’ numerous complaints culminated in a formal demand…