Milkovich v. Saari

203 N.W.2d 408 (1973)

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Nature of the Case

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Facts

P and Ds are residents of Thunder Bay, Ontario, Canada. They left Thunder Bay for Duluth, Minnesota, to shop and attend a play. The car belonged to Erma Saari (D), who drove the first part of the trip. Judith Rudd took over the driving, and about 40 miles south of the U.S. border the car left the road and crashed into rock formations adjacent to the road, causing the injuries to P. P was hospitalized at Duluth for approximately 1 1/2 months and thereafter returned to her home in Thunder Bay. D's car was garaged, registered, and insured in the Province of Ontario, Canada. Ontario has a guest statute wherein P would have to establish gross negligence in order to recover. Minnesota does not have a guest statute. P filed suit against Ds in Ontario but later filed a suit against Ds in Minnesota. Ds moved to dismiss and the court denied the motion. Ds appealed.