Justia Minnesota Supreme Court Opinion Summaries

Appellant Michelle Kern was involved in an accident with Cody Janson, whose vehicle was owned by Jessica Gerwing. A year later Kern was involved in an accident with Jennifer Torborg, whose vehicle was owned by James Torborg. Kern sought to recover property damages from the Torborgs in conciliation court, and the conciliation court entered a judgment against James Torborg. Kern and her husband then sued Janson, Gerwing, and the Torborgs in district court, claiming they were jointly and severally liable for Kern's personal injuries. The Torborgs moved for summary judgment, citing the doctrine of res judicata. Kern then moved to vacate the conciliation court judgment. The district court granted Kern's motion, and accordingly, denied the Torborgs' motion for summary judgment. The court of appeals reversed and remanded for entry of summary judgment in favor of the Torborgs because Kern consulted with an attorney before initiating the conciliation court action. On review, the Supreme Court reversed the judgment of the appellate court, holding that consultation with an attorney before initiating a conciliation court action does not automatically preclude vacation of the conciliation court judgment. Remanded. View "Kern v. Janson " on Justia Law

After meeting with Robert Swendra, an insurance agent selling American Family Insurance products, Curtis Graff purchased an automobile policy and an umbrella policy. Based on Swendra's representations, Graff wrongfully believed the umbrella policy contained $1 million in underinsured motorist (UIM) coverage. Later, Graff injured his back in a car accident with an underinsured motorist. Graff filed a complaint alleging breach of contract against American Family and negligent procurement of insurance coverage against the Swendra Agency. After Graff entered into a settlement agreement with American Family Graff's contract claim against American Family was dismissed, and the negligence claim against the Swendra Agency proceeded to trial. The jury found Swendra Agency liable and awarded damages. Pursuant to the collateral source statute, the district court reduced the damages award by $200,260. The court of appeals affirmed. The Supreme Court affirmed, holding (1) the court of appeals did not err in finding that Graff's release of American Family did not extinguish Graff's claim against the Swendra Agency, and (2) the district court properly excluded the attorney fees paid to Graff's counsel from the collateral source calculation. View "Graff v. Robert M. Swendra Agency, Inc." on Justia Law

Appellants Bruce and Cindy Thompson filed a claim for basic economic loss benefits against their insurer, Respondent Western National Insurance Company (Western National), arising from injuries they sustained in an automobile accident. Western National paid some benefits, but a dispute arose over the Thompsonsâ obligation to submit to examinations requested by Western National. The Thompsons filed for no-fault arbitration, and Western National moved to stay the arbitration in order to seek a declaratory judgment in the district court. The arbitrator entered awards in favor of the Thompsons. In court, Western National moved for summary judgment, and the Thompsons moved to confirm their awards. The district court denied Western Nationalâs motion and confirmed the awards, concluding that the reasonableness of the Thompsonsâ refusal to attend the examinations was an issue handled by the arbitrator. The appellate court reversed, concluding that the examination question was a question of law for the court to decide. The Supreme Court reversed the appellate court, holding that the examination issue was a question of fact for the arbitrator. The Court reinstated the arbitration awards in favor of the Thompsons.