United States Eighth Circuit
Menz v. New Holland N. Am., Inc., 05-1739
A sanction order dismissing a product liability suit involving injuries arising out of a tractor roll-over accident is reversed where the district court abused its discretion in dismissing the action for spoliation of evidence without first determining whether a plaintiff acted in bad faith.
Appellate Information
- Decided 03/16/2006
- Published 03/16/2006
Judges
- BYE, Circuit Judge., Before BYE, HEANEY, and COLLOTON, Circuit Judges.
Court
- United States Eighth Circuit
Counsel
- For Appellant:
- Counsel who presented argument on behalf of the appellant was J. Michael Ponder of Cape Girardeau, MO.
- For Appellees:
- Counsel who presented argument on behalf of the appellee was John E. Galvin of St. Louis, MO. Donald J. Ohl of Edwardsville, IL appeared on the brief.