Minnesota Supreme Court
203 N.W.2d 408 (1973)
Several residents of Ontario, Canada took a trip to Duluth, Minnesota. The party took a car belonging to Emma Saari (defendant) that had been registered, insured, and garaged in Ontario. While in Minnesota, they got into an automobile accident in which Anne Milkovich (plaintiff) was injured. Milkovich was hospitalized in Minnesota for approximately six weeks before returning to Ontario. Milkovich initially filed suit against Saari and another driver of Saari’s car (defendant) in Ontario. She later initiated a suit against the same defendants in Minnesota. A guest statute under Ontario law required proof of gross negligence in order to establish a host-driver’s liability toward a guest-passenger. Minnesota law did not contain a guest statute, thereby allowing liability to be established on the basis of ordinary negligence. Defendants moved to dismiss the complaint on the grounds that it did not allege gross negligence as required by Ontario law. The court denied their motion. They appealed.
Rule of Law
Holding and Reasoning (Todd, J.)
Dissent (Peterson, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 200,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.