TABISH v. TARGET CORPORATION

No. A10-2129.

Kenneth Tabish, Appellant, v. Target Corporation, Respondent, IMPACT Resource Group, Inc., an Ohio corporation, et al., Respondents, John Does I-X, Defendants

Court of Appeals of Minnesota.

Filed June 27, 2011.


Attorney(s) appearing for the Case

Brian E. Wojtalewicz , Appleton, Minnesota; and Jeffrey D. Eisenberg , Eisenberg & Gilchrist, Salt Lake City, Utah, for appellant.

William L. Davidson , Brian A. Wood , Eric J. Steinhoff , Lind, Jensen, Sullivan & Peterson, P.A., Minneapolis, Minnesota, for respondent Target Corporation.

Louise A. Behrendt , Jessica Richardson Wymore , Stich, Angell, Kreidler, Dodge & Unke, P.A., Minneapolis, Minnesota; and Peter J. Korneffel, Jr. , Brownstein Hyatt Farber Schreck, LLP, Denver, Colorado, for respondents IMPACT Resource Group, Inc. and National Product Services Acquisition Corporation.

Considered and decided by Peterson, Presiding Judge; Minge, Judge; and Worke, Judge.


UNPUBLISHED OPINION

WORKE, Judge.

Appellant challenges the district court's grant of summary judgment on his negligence and strict-liability claims. We conclude that the district court appropriately granted summary judgment in favor of both respondents on appellant's negligence claims. In granting summary judgment on appellant's strict-liability claims, however, the district court abused its discretion by sanctioning appellant for spoliation of evidence...

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