Pennfield Corporation v. Meadow Valley Electric, Inc.

604 A.2d 1082 (1992)

Facts

P's 1,537 swine, suffocated when an electrically operated ventilation system failed. P sued D, which allegedly performed repair and maintenance services on the electrical equipment. D, in turn, filed a complaint to join numerous additional defendants including D1. D alleged that the ventilation system failed and that the cause of the failure was defective electrical cable purchased either from D1 or from another distributor, Tri-State Electrical Supply Company (D2). D claimed that D1 was liable to the plaintiff on theories of strict liability, negligence, and breach of warranties. D claimed that the cables purchased from D1 or D2 were the same and indistinguishable. D1 objected to joiner; D could not identify who supplied the cable. The court agreed with D1 and dismissed the claim. D appealed.