Summary: The Defendants filed motions for summary judgment on the Plaintiffs’ strict liability and negligence claims. The Court granted the summary judgment motions brought by defendants JLG Industries and P-Q Controls. The Court found that the Plaintiffs did not present expert witness testimony or sufficient evidence to support their strict liability claims, and that the Plaintiffs did not present credible evidence or expert witness testimony to satisfy the elements of their negligence claims. The Court denied the summary judgment motion brought by defendant Dakota-Montana Hardware, finding that the issue of spoliation is a genuine issue of material fact that precludes summary judgment.
Case Name: Krosch, et al. v. JLG Industries, Inc., et al.
Case Number: 1-07-cv-45
Docket Number: 54
Date Filed: 12/19/08
Nature of Suit: 365
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
SOUTHWESTERN DIVISION
Victor Krosch and Videll Krosch,
JLG Industries, Inc., P-Q Controls, Inc., and Dakota-Montana Hardware, Inc.,
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) ) ORDER GRANTING DEFENDANT ) JLG INDUSTRIES’ AND P-Q ) CONTROLS’ MOTIONS FOR ) SUMMARY JUDGMENT AND ) DENYING DEFENDANT DAKOTA- ) MONTANA HARDWARE’S MOTION ) FOR SUMMARY JUDGMENT ) ) Case No. 1:07-cv-45 ) |