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TABISH v. TARGET CORPORATION

No. A10-2129.

Kenneth Tabish, Appellant, v. Target Corporation, Respondent, IMPACT Resource Group, Inc., an Ohio corporation, et al., Respondents, John Does I-X, Defendants

Court of Appeals of Minnesota.

Filed June 27, 2011.

Attorney(s) appearing for the Case

Brian E. Wojtalewicz, Appleton, Minnesota; and Jeffrey D. Eisenberg, Eisenberg & Gilchrist, Salt Lake City, Utah, for appellant.

William L. Davidson, Brian A. Wood, Eric J. Steinhoff, Lind, Jensen, Sullivan & Peterson, P.A., Minneapolis, Minnesota, for respondent Target Corporation.

Louise A. Behrendt, Jessica Richardson Wymore, Stich, Angell, Kreidler, Dodge & Unke, P.A., Minneapolis, Minnesota; and Peter J. Korneffel, Jr., Brownstein Hyatt Farber Schreck, LLP, Denver, Colorado, for respondents IMPACT Resource Group, Inc. and National Product Services Acquisition Corporation.

Considered and decided by Peterson, Presiding Judge; Minge, Judge; and Worke, Judge.

UNPUBLISHED OPINION

WORKE, Judge.

Appellant challenges the district court's grant of summary judgment on his negligence and strict-liability claims. We conclude that the district court appropriately granted summary judgment in favor of both respondents on appellant's negligence claims. In granting summary judgment on appellant's strict-liability claims, however, the district court abused its discretion by sanctioning appellant for spoliation of evidence...

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