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PFANTZ v. KMART CORP.

No. 01CA0388.

85 P.3d 564 (2003)

Robert A. PFANTZ and Mid-Century Insurance Company, Plaintiffs-Appellees, v. KMART CORPORATION, a Michigan corporation, Defendant-Appellant, and Waymar Industries, Inc., a Minnesota corporation, Defendant-Appellee.

Colorado Court of Appeals, Div. II.

Rehearing Denied October 9, 2003.

Certiorari Granted March 15, 2004.

Attorney(s) appearing for the Case

Wick Campbell Bramer Ukasick & Trautwein, L.L.C., Troy A. Ukasick, Kimberly B. Schutt, Fort Collins, Colorado, for Plaintiff-Appellee Robert A. Pfantz.

Campbell, Latiolais & Ruebel, P.C., Colin C. Campbell, Denver, Colorado, for Plaintiff-Appellee Mid-Century Insurance Company.

Godin & Baity, L.L.C., Mari K. Perczak, Leigh M. Monette, Denver, Colorado, for Defendant-Appellant.

Overturf & McGath, P.C., Thomas E. Hames, Denver, Colorado, for Defendant-Appellee.

Opinion by Judge WEBB.

Defendant, Kmart Corporation, appeals the judgment entered against it on a jury verdict in favor of plaintiffs, Robert Pfantz and Mid-Century Insurance Company (insurer). Pfantz was injured in a Kmart store when he sat down on a bench that had been manufactured by codefendant Waymar Industries, Inc. Kmart contends that the trial court erred in imposing sanctions against it for destruction of the bench, after commencement of this action but before...

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