PATTON v. NEWMAR CORP.

No. C8-93-2546.

520 N.W.2d 4 (1994)

Mary PATTON, et al., Appellants, v. NEWMAR CORPORATION, Respondent.

Court of Appeals of Minnesota.

Review Granted September 28, 1994.


Attorney(s) appearing for the Case

William O. Bongard, Wilbur W. Fluegel, Sieben, Grose, Von Holtum, McCoy & Carey, Ltd., Minneapolis, for appellants.

Stephen J. Foley, Bryan K. McKamey, Foley & Mansfield, Minneapolis, for respondent.

Considered and decided by FORSBERG, P.J., and LANSING and DAVIES, JJ.


OPINION

FORSBERG, Judge.

Respondent Newmar Corporation moved for summary judgment and the exclusion of Mary and Richard Patton's expert witness's testimony because the Pattons and their agents failed to preserve the remains of the motor home they allege was defectively designed. The district court sanctioned the Pattons by completely excluding their expert witness's testimony and then granting summary judgment in favor of Newmar. We reverse and remand.<...

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