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OCEAN SPRAY v. RFDI

936 A.2d 81 (2007)

OCEAN SPRAY CRANBERRIES, INC. v. REFRIGERATED FOOD DISTRIBUTORS, INC. v. Thermal C/M Services, Inc., Refrigeration Design & Services, Inc., Webber/Smith Associates, Inc., York International Corporation, York Refrigeration Group, Frigid Coil/ Frick, Inc., ADT Security Services, Inc., and Robinson Alarm Company Appeal of: Refrigeration Design & Services, Inc.

Superior Court of Pennsylvania.

Filed October 15, 2007.

Reargument Denied December 13, 2007.

Attorney(s) appearing for the Case

H. David Kraut, Blue Bell and Thomas E. Tyler, Philadelphia, for Refrigeration Design, appellant.

Robert G. Devine, Philadelphia, for York, appellee.

Christopher L. Troy and Michael J. Alivernini, Conshohocken, for Ocean Spray, appellee.

BEFORE: STEVENS, PANELLA, and JOHNSON, JJ.

OPINION BY PANELLA, J.:

¶ 1 Appellant, Refrigeration Design & Service, Inc. ("RDS"), appeals from the order entered on November 22, 2005, by Court of Common Pleas of Philadelphia County. After careful review, we are constrained to reverse.

¶ 2 This case arises from an ammonia leak in a warehouse on October 8, 2000. Refrigerated Food Distributors, Inc. ("RFDI"), the owner of the warehouse, had contracted with Thermal C/M to construct an addition...

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