Bigelow v. Halloran

OTIS, Justice.

Defendant appeals from an order of the trial court denying defendant’s alternative motions for judgment notwithstanding the verdict or for a new trial. On appeal, defendant argues that Minnesota’s survival statute, Minn.Stat. § 573.01 (1980), is applicable thus extinguishing plaintiff’s cause of action for assault and battery because of the death of the tortfeasor, Ralph Mathias. The trial court held, under our decision in Milkovich v. Saari, 295 Minn. 155, 203 N.W.2d 408 (1973), that Iowa’s survival statute, Iowa Code § 611.20, is applicable thus allowing the survival of…