DiDomenico v. C & S Aeromatik Supplies, Inc.
The plaintiff, Frank DiDomenico, was injured by a leaking hazardous material package while employed by United Parcel Service (UPS). UPS's subsequent dilatory responses to discovery demands and willful destruction of crucial evidence, including the package and related records, prevented DiDomenico from identifying and suing the third-party shipper. This conduct also prejudiced co-defendant CA Aromatics Co., which destroyed its own records due to UPS's delays. The appellate court reversed the lower court's denial of sanctions, finding UPS's actions constituted willful non-compliance with court orders and spoliation of evidence. Consequently, UPS's answer was stricken, and summary judgment was granted to DiDomenico against UPS for impairing his right to sue, and to CA Aromatics Co. for indemnification.