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Conflict of Laws Keyed to Brilmayer
Milkovich v. Saari
Citation:
295 Minn. 155, 203 N.W.2d 408 (1973)Facts
Plaintiff, Anne Milkovich, and Defendants, Emma Saari and Judith Rudd, were all residents of Ontario, Canada, who took a trip to Duluth, Minnesota in Emma’s car. The car was garaged, registered, and insured in Ontario. Anne was severely injured 40 miles south of the Canadian border when Emma’s car crashed into rock formations on the side of the road while Judith was driving. Anne was hospitalized in Duluth for one and a half months, and then she returned to her home in Ontario.
Anne brought suit against Emma and Judith in Minnesota state court. Ontario has a guest statute that requires Anne to establish gross negligence in order to recover against Emma and Judith. Minnesota does not have a guest statute. The trial court applied Minnesota law, and denied Emma and Judith’s motion to dismiss Anne’s complaint for failure to state a cause of action because of the Ontario law. Emma and Judith appealed.
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