Minn. Court Affirms Dismissal, Spoliation Ruling Against Couple Who Demolished House

ST. PAUL, Minn. - Minnesota's Court of Appeals on March 17 affirmed a trial court's decision to exclude any evidence from a house that was demolished by homeowners within days of filing a mold personal injury suit against contractors. Smothers v. Insurance Restoration Specialist, et al., No. A04-1036 (Minn. App.).

The court found no abuse of discretion in the decision by the Anoka County (Minn.) District Court, even though the spoliation ruling led to a second decision to dismiss all claims against contractors Lee Shovell, Noah Bridges, and TJP Construction.

Jonathan and Gizelle Smothers retained the three contractors in 1998 …