Finke et al v. Hunter's View, Ltd. et al
| D.J. (Darus) Finke and Shea Finke |
| Hunter's View, Ltd. and Wal-Mart Stores, Incorporated |
| Hunter's View, Ltd. |
| Wal-Mart Stores, Incorporated |
| 0:2007cv04267 |
| October 16, 2007 |
| US District Court for the District of Minnesota |
| DMN Office |
| Itasca |
| Michael J. Davis |
| Raymond L. Erickson |
| P.I.: Other |
| 28 U.S.C. ยง 1332 Diversity-Personal Injury |
| None |
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Filing
73
MEMORANDUM OF LAW & ORDER (1) Plaintiffs' Motion to Exclude Experts L.J. Smith and Nathan Dorris and for Partial Summary Judgment 35 is GRANTED IN PART and DENIED IN PART as follows: The expert testimony of Nathan Dorris, Gary Bakken and Lorne Smith, Jr., is limited as set forth above in the Memorandum of Law; (2) Defendant Wal-Mart Stores, Incorporated's Motion for Summary Judgment 39 is GRANTED IN PART and DENIED IN PART as follows: (a) Count One: Strict Liability, as to Wal-Mart , REMAINS, (b) Count Two: Negligence, as to Wal-Mart, is DISMISSED, (c) Count Three: Breach of Warranty, as to Wal-Mart, is DISMISSED, (d) The expert testimony of Thomas Crane and Carol Pollack-Nelson is limited as set forth above in the Memorandum o f Law; (3) Defendant Hunter's View Ltd.'s Motion to Exclude Certain Expert Testimony and for Summary Judgment 46 is GRANTED IN PART and DENIED IN PART as follows: (a) The expert testimony of Thoams Crane and Carol Pollack-Nelson is limited as set forth above in the Memorandum of Law,(b) Count Three: Breach of Warranty, as to Hunter's View, is DISMISSED (Written Opinion). Signed by Chief Judge Michael J. Davis on 2/3/09. (GRR)
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