ronment Cases ur friends, John Bertram, Mat Norden, Scott Olson, and Tony Harvey

Question

ronment Cases ur friends, John Bertram, Mat Norden, Scott Olson, and Tony Harvey, all reside to snowmobiling. On their first day of snowmobiling over Ca sonal ju souri's 1 689 F.3 ents sign Group 3.3 Standing to Sue Fo mpany Teacher Ohio, traveled to the Upper Peninsula of Michian t go Siri Art, Inc. is ter going about 135 miles, the lead snowmobiler, os af Galliano. Rich- came to a stop sign on the snowmobile trail where it liano were sell- tersected a private driveway. As Olson approached the profit without sign, he gave the customary hand signal andst the manual to his snowmobile. Harvey, second in line, was going $1,000 in saes fast to stop, so Olson pulled his snowmobile to the Eighth 3.5 Sta operate opped r Monop Million includi have no of- side of the private driveway. Harvey, to avoid hitti ork. Richtone Olson, pulled his snowmobile t against Live a 5-or 6-foot snow embankment. Bertram, third in line in New York, going about 30 miles per hour, slammed on his bral t to personal turned 45 degrees, and slammed into Olson's snowm rk's long-arm bile. Bertram was thrown from his snowmobile. Nord Galliano de- fourth in line, could not stop, and his snowmobile ct to suit in Bertram's leg. Bertram's tibia and fibula were both fra f California, tured and protruded through his skin. Bertram had to m contacts undergo surgery to repair the broken bones. t state, and Bertram filed a lawsuit against Olson, Harvey, and w York vio- Norden in a trial court in Ohio, claiming that each of nts made a his friends was liable to him for their negligent snow l on lack of mobile operation. A Michigan statute specifically stated ject to law- that snowmobilers assumed the risks associated with LC v. Live snowmobiling, Ohio law did not contain an assumption ted States of the risk rule regarding snowmobiling. The three de nts to the left and went ov won pieces Simon tional Invest rome he em ners value mem na taura Fort tion in Don fede w York, fendants made a motion for summary judgment. Does Michigan or Ohio law apply to this case? Bertramc Norden, et al., 823 N.E.2d 478, 2004 Ohio App. Lexis a com- 550 (Court of Appeals of Ohio, 2004) rous de gaged in 3.4 Long-Arm Statute Casino Queen, Inc. operates a alse des- gambling and hotel establishment in East St. Louis, in nal e defen- linois. Casino Queen's location places it within1 metronolitan

Explanation / Answer

Note that the accident took place in Michigan as the place where the conduct causing the injury was Michigan. The four persons involved in this case traveled to Michigan specifically for snowmobiling. While they were in Michigan, the conduct causing the accident, as well as the accident itself happened and Michigan has also enacted specific legislation involving the risks of snowmobiling, it is evident that Michigan's law certainly controls in this case. While all parties are residents of and have their relationships in Ohio, this does not outweigh the above facts and hence Michigan's law will apply.

Related Questions

Navigate

• Browse (All)
• Browse R
• Subjects

---

---

Integrity-first tutoring: explanations and feedback only — we do not complete graded work. Learn more.