MILLER v. LANKOW

No. A09-244.

776 N.W.2d 731 (2009)

David J.T. MILLER, Appellant, v. Linda J. LANKOW, et al., Respondents, DCI, Inc., Defendant, Donnelly Brothers, Respondent, Total Service Company, Respondent, and Linda J. Lankow, et al., third-party plaintiffs, Respondents, v. Burnet Realty, Inc. d/b/a Coldwell Banker Burnet, et al., third-party defendants, Respondents.

Court of Appeals of Minnesota.

December 22, 2009.


Attorney(s) appearing for the Case

Patrick W. Mechenfelder, Frederick M. Young, Gries & Lenhardt, P.L.L.P., St. Michael, MN, for appellant.

Robert P. Christensen, Robert P. Christensen, P.A., St. Louis Park, MN; and Scott Wilson, Shorewood, MN, for respondents Lankow and Betz.

Timothy W. Waldeck, Waldeck & Lind, P.A., Minneapolis, MN, for respondent Donnelly Brothers.

Jonathon M. Zentner, Kafi C. Linville, Paul Darsow, Arthur, Chapman, Kettering, Smetak & Pikala, P.A., Minneapolis, MN, for respondent Total Service Company.

Timothy J. O'Connor, Eric Steinhoff, Bill Davidson, Lind, Jensen, Sullivan & Peterson, Minneapolis, MN, for respondents Burnet Realty and Mark Geier.

Considered and decided by STAUBER, Presiding Judge; KLAPHAKE, Judge; and WORKE, Judge.


OPINION

STAUBER, Judge.

This is an appeal from summary judgment dismissing appellant's claims against respondents arising out of appellant's discovery of mold and moisture intrusion in his home. Appellant contends that the district court committed clear error in excluding evidence of the mold and moisture intrusion as a spoliation sanction for his repair of the home without sufficient notice to respondents because (1) respondents had notice of the mold and...

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