Each of these alleged damages was either not properly plead or suffered from a lack of evidentiary support. Appellant's claims of mental and emotional distress are not actionable because they were not pleaded as a claim of negligent infliction of emotional distress. Appellant's devaluation claim fails because appellant produced no facts regarding how much devaluation, if any, occurred. Appellant has identified no actual damages resulting from his ownership of an XTRA-equipped Polaris snowmobile. Absent actual damages, appellant cannot continue to prosecute his claims, and summary judgment was proper.
District courts have discretion in certification of a plaintiff class.
Streich v. American Family Mut. One member of a class may sue as a representative party on behalf of the class only if there are questions of law or fact common to all class members and the representative party's claims are typical of the claims of the class. Minn. R. Civ. Appellant's failure to prove actual damages of his own defeats the commonality and typicality requirements of rule 23.01. A potential class representative who has not been damaged does not share a common legal grievance with proposed class members who allegedly have actual damages.