L.B. Foster Co. v. Charles Caracciolo Steel Metal Yard, Inc.

Plaintiff was legally entitled to recover from defendant with regard to materials defendant purchased from thieves who had stolen the property from plaintiff; the fact that the thieves had been ordered to make restitution to plaintiff did not affect defendant's civil liability.

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J. A06019/01

� 1 This is an appeal from a judgment entered by the Court of Common Pleas of Blair County following a non-jury trial. We affirm in part and reverse in part and remand for further proceedings.

� 2 Appellant, L.B. Foster Company, runs a salvage business with a plant located in Bedford, Pennsylvania. In December of 1997 and January of 1998, Adam Himmel and Richard Lewis Riggle stole metal items from Appellant and sold them to Appellee, Charles Caracciolo Steel and Metal Yard, Inc. The thieves eventually pled guilty, in Bedford County, to multiple counts of theft and receiving stolen property. Himmel and Riggle admitted that they sold the stolen items to Appellee at its facility in Blair County. The Bedford County trial court sentenced Himmel to a term of probation and gave Riggle accelerated rehabilitative disposition. Both sentences were predicated on the defendants making installment restitution payments to Appellant in a total amount of $9,550.00.

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L.B. Foster Co. v. Charles Caracciolo Steel Metal Yard, Inc.

Plaintiff was legally entitled to recover from defendant with regard to materials defendant purchased from thieves who had stolen the property from plaintiff; the fact that the thieves had been ordered to make restitution to plaintiff did not affect defendant's civil liability.

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