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SMITS v. WAL-MART STORES, INC.

No. CX-94-906.

525 N.W.2d 554 (1994)

Gregg J. SMITS, Respondent, v. WAL-MART STORES, INC., Appellant.

Court of Appeals of Minnesota.

Review Denied February 14, 1995.

Attorney(s) appearing for the Case

David A. Ranheim, Michael J. Wahoske, Edward B. Magarian, Dorsey & Whitney, Minneapolis, for appellant.

Ronald H. McLean, Jane L. Dynes, Serkland, Lundberg, Erickson, Marcil & McLean, Ltd., Fargo, ND, for respondent.

Considered and decided by KLAPHAKE, P.J., and FORSBERG and FOLEY, JJ.

OPINION

KLAPHAKE, Judge.

Respondent Gregg J. Smits (Smits) sued appellant Wal-Mart Stores, Inc. (Wal-Mart), claiming Wal-Mart defamed and falsely imprisoned him on June 16, 1992. Prior to trial, Smits disclosed that he would seek damages for negligent infliction of emotional distress in connection with his defamation claim. The trial court ruled that Wal-Mart was not entitled to a qualified privilege for defamation or to merchant immunity under Minn.Stat...

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