Patton v. Newmar Corp.

OPINION

FORSBERG, Judge.

Respondent Newmar Corporation moved for summary judgment and the exclusion of Mary and Richard Patton’s expert witness’s testimony because the Pattons and their agents failed to preserve the remains of the motor home they allege was defectively designed. The district court sanctioned the Pattons by completely excluding their expert witness’s testimony and then granting summary judgment in favor of Newmar. We reverse and remand.

FACTS

The Pattons purchased their Kountry Aire motor home in 1985 and used it both for business and personal purposes. The motor home was…