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PATTON v. NEWMAR CORP.

No. C8-93-2546.

538 N.W.2d 116 (1995)

Mary PATTON, et al., Respondents, v. NEWMAR CORPORATION, Petitioner, Appellant.

Supreme Court of Minnesota.

September 29, 1995.

Attorney(s) appearing for the Case

Stephen J. Foley and Russell D. Melton, Minneapolis, for appellant.

William O. Bongard, Minneapolis, for Mary Patton.

Wilbur W. Fluegel, Minneapolis, for Richard Patton.

Heard, considered and decided by the court en banc.

OPINION

COYNE, Justice.

We granted the defendant Newmar Corporation's petition for further review to discuss the breadth of the trial court's discretion to impose a sanction in this action to recover damages for alleged defects in the design of a motor home when, prior to the commencement of the action, the product itself was lost or destroyed. Concluding first that the trial court abused its discretion by completely excluding testimony of the plaintiffs...

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