Patton v. Newmar Corp.

OPINION

COYNE, Justice.

We granted the defendant Newmar Corporation’s petition for farther review to discuss the breadth of the trial court’s discretion to impose a sanction in this action to recover damages for alleged defects in the design of a motor home when, prior to the commencement of the action, the product itself was lost or destroyed. Concluding first that the trial court abused its discretion by completely ex-eluding testimony of the plaintiffs’ expert witness who had inspected the property before its destruction, the court of appeals then held that dismissal of the action was an…