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SOMMERVOLD v. WAL-MART, INC.

No. 12-2721.

709 F.3d 1234 (2013)

Jon SOMMERVOLD, Plaintiff-Appellant v. WAL-MART, INC., Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: March 13, 2013.

Attorney(s) appearing for the Case

John Pekas , argued, Sioux Falls, SD, for Appellant.

William C. Garry , argued, Melissa R. Jelen , on the brief, Sioux Falls, SD, for Appellee.

Before LOKEN, MELLOY, and COLLOTON, Circuit Judges.

LOKEN, Circuit Judge.

Jon Sommervold's hands were injured in August 2008 when a battery-operated toy purchased at a Wal-Mart store in Aberdeen, South Dakota, exploded after Sommervold picked it up to see why it was malfunctioning. With the three-year statute of limitations about to expire and the toy manufacturer bankrupt, Sommervold filed this tort action in South Dakota state court against the retailer, naming as defendant Wal-Mart, Inc. ("Wal-Mart").

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