 |
|
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Jacobson v. Universal Underwriters Insurance Group6/25/2002 of law most advances a significant interest of the forum." Nodak, 604 N.W.2d at 95 (quotation omitted). Minnesota courts have a recognized interest in seeing that all tort victims are fully compensated. See Jepson, 513 N.W.2d at 472 (noting that this is an important governmental interest). This interest is not limited to residents. See Gimmestad, 451 N.W.2d at 666 (nonresident should be fully compensated). Decedent lived in Minnesota at the time of the accident, and the accident occurred here. Minnesota courts "are not called upon to apply rules of law inconsistent with Minnesota's concept of fairness and equity." Medtronic, 630 N.W.2d at 455 (quotation omitted). Unlike Minnesota law, Iowa law does not allow for the recovery of pecuniary losses. In applying Iowa's law, the arbitrators would not compensate decedent's beneficiaries to the full extent allowed by Minnesota law. This factor also favors application of Minnesota law.
(5) Application of the Better Rule of Law
Because the first four factors favor application of Minnesota law, we need not address the better rule of law factor. See Medtronic, 630 N.W.2d at 455-56; see also Nodak, 604 N.W.2d at 96 (the supreme court has not emphasized this factor for nearly 20 years).
In summary, the factors generally favor application of Minnesota law. Even in close cases, the supreme court has determined that the state where the accident occurred has the strongest governmental interest and its law should apply. Nodak, 604 N.W.2d at 92. We conclude that the district court correctly determined that Minnesota law should apply to the arbitration claim.
DECISION
We hold that arbitration should occur in Hennepin County and that Minnesota law should be applied by the arbitrator.
Affirmed.
Page 1 2 3 4 Minnesota Personal Injury Attorneys
Personal Injury Lawyers
|
|
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|