Minn. Court Affirms Dismissal As Sanction

ST. PAUL, Minn. - The Minnesota Court of Appeals has affirmed summary judgment for a home seller who sought dismissal of mold claims by the buyer for failure to notify her of intended repairs or preserve evidence of the alleged damage. Miller v. Lankow, et al., No. A09-244 (Minn. Ct. App.).

The appellate court said in its 2-1 majority opinion that "a party must provide advance notice of any action that would lead to destruction of evidence and afford a reasonable amount of time form the date of the notice to inspect and preserve the evidence."

David J.T. Miller, the …