A Northampton County judge ruled that the loss of a medical device that was allegedly defective requires dismissal of a products liability claim against the manufacturer since the plaintiffs failed to properly secure the device, the defense would be prejudiced by its loss and no lesser sanction is available.
In Creazzo v. Sun, PICS Case No. 05-1327 (C.P. Northampton June 3, 2005) McFadden, J. (9 pages), Judge F.P. Kimberly McFadden granted a defense motion for summary judgment on several legal grounds, including spoliation of the evidence.
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