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An action for legal malpractice based on spoliation of evidence cannot be maintained in Minnesota where the client cannot prove all four elements of the required four-prong test. Spaise v. Dodd, A03-1430, Court of Appeals of Minnesota, June 1, 2004.

Samuel Spaise was severely injured in an automobile accident involving a 1987 Plymouth. The driver, House, whose blood-alcohol level was more than two times the legal limit, died in the accident. Spaise retained attorney Dodd for representation on claims arising from the car accident. Dodd advised that he was not a product liability expert and would have to obtain additional counsel to pursue any claims against Chrysler, the manufacturer of the Plymouth.

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