Legal Opinion

Fournier v. Marigold Foods, Inc.

District Court, D. Minnesota

Decided February 22, 1988No. Civ. 3-88-2PublishedCited by 15 opinions

1Opinion of the Court

ORDER DENYING SUMMARY JUDGMENT STRIKING PRAYER FOR PUNITIVE DAMAGES DENYING RULE 11 SANCTIONS

DEVITT, District Judge.

The principal issue here is whether Minnesota’s wrongful death statute properly may be invoked in a diversity action brought by the California trustee of a deceased California resident who allegedly consumed death-causing contaminated ice, cream in Minnesota manufactured by the Minnesota defendant.

Plaintiff alleges decedent, while visiting St. Paul in 1986 ate contaminated Kemps ice cream, produced by defendant in Minnesota, which caused her death ten days later upon her return…

2Cases cited7 opinions

  1. Hanna v. PlumerSupreme Court of the United States · 1965
  2. Hague v. Allstate Insurance Co.Supreme Court of Minnesota · 1979
  3. Negaubauer v. Great Northern Railway Co.Supreme Court of Minnesota · 1904
  4. Blamey Ex Rel. Blamey v. BrownSupreme Court of Minnesota · 1978
  5. Stewart v. Great Northern Railway Co.Supreme Court of Minnesota · 1908

2 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. Ulrich v. City of CrosbyDistrict Court, D. Minnesota · 1994
  2. Jackson v. East Bay HospitalDistrict Court, N.D. California · 1997
  3. Selective Ins. Co. of S.C. v. SelaDistrict Court, D. Maine · 2018
  4. Filz v. Mayo FoundationDistrict Court, D. Minnesota · 1991
  5. Kuehn Ex Rel. Kuehn v. Shelcore, Inc.District Court, D. Minnesota · 1988

10 more not listed; retrieve them via the Exa API.

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