Legal Opinion

Bergherr v. Sommer

Court of Appeals of Minnesota

Decided December 20, 1994No. CX-94-999PublishedCited by 8 opinions

1Opinion of the Court

OPINION

JOHN F. THOREEN, Judge. *

A foreign medical lab appeals a district court order denying its motion to dismiss for lack of personal jurisdiction. We agree with the district court that Minnesota may properly exercise jurisdiction over the foreign defendant where it has had numerous contacts with Minnesota through an intermediary.

FACTS

Joan Bergherr (Bergherr) died at the age of 33 from cervical cancer. Her husband sued the attending doctor (Sommer) for failing to diagnose her illness. MetPath, Inc. (MetPath) and Dallas Pathology Associates, Inc. (DPA), medical labs that had examined cells…

2Cases cited17 opinions

  1. International Shoe Co. v. WashingtonSupreme Court of the United States · 1945
  2. Burger King Corp. v. RudzewiczSupreme Court of the United States · 1985
  3. World-Wide Volkswagen Corp. v. WoodsonSupreme Court of the United States · 1980
  4. Dent-Air, Inc. v. Beech Mountain Air Service, Inc.Supreme Court of Minnesota · 1983
  5. Rostad v. On-Deck, Inc.Supreme Court of Minnesota · 1985

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3Cited by8 opinions

  1. People v. CorbiereMichigan Court of Appeals · 1997
  2. Ex Parte Hospital Espanol De Auxilio Mutuo De Puerto Rico, Inc.Supreme Court of Alabama · 2006
  3. Juelich v. Yamazaki Mazak Optonics Corp.Court of Appeals of Minnesota · 2003
  4. Holsomback v. Alabama Organ CenterSupreme Court of Alabama · 2006
  5. M.R. v. Serenicare Funeral Home, L.L.C.New Mexico Court of Appeals · 2012

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