Products Liability Case
Judge rules against defect defense

Lehigh County Court of Common Pleas Judge Alan M. Black issued an order on Friday, April 20, 2001, precluding a defendant, Toys "R" Us, from presenting evidence at trial that a bicycle was not defective. The store lost the bicycle after the plaintiff returned it for a refund. This is the first known reported decision entered in favor of a plaintiff in Pennsylvania precluding a defendant from entering a defense as to defect, on the grounds of the defendant’s spoliation of evidence. The plaintiff is represented by PaTLA Members Robert G. Bauer, Esq. and Celia Ann Rooney, Esq.

A copy of the opinion is available by contacting Kristy Hackman, PaTLA Communications Associate, at (215) 546-6451 or by email: [email protected]

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