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SEGURA v. K-MART CORP.

No. 21,781.

62 P.3d 283 (2002)

133 N.M. 192

2003-NMCA-013

Dulces SEGURA, Plaintiff-Appellee, v. K-MART CORPORATION, Defendant-Appellant.

Court of Appeals of New Mexico.

June 28, 2002.

Attorney(s) appearing for the Case

Tandy Hunt, Randy K. Clark, Roswell, NM, for Appellee.

Edward Ricco, Rodey, Dickason, Sloan, Akin & Robb, P.A., Albuquerque, NM, for Appellant.

OPINION

FRY, Judge.

{1} Defendant K-Mart appeals from a jury verdict awarding damages to Plaintiff Dulces Segura as compensation for an accident in which Segura slipped and fell in a K-Mart store. We consider the propriety of the trial court's sanction for spoliation of evidence and its order precluding K-Mart from asserting as a defense the liability of a third party. We affirm the spoliation sanction and reverse on the issue of third-party liability...

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