Assignment task:
Four friends, John Bertram, Matt Norden, Scott Olson, and Tony Harvey, all residents of Ohio, traveled to the Upper Peninsula of Michigan to go snowmobiling. On their first day of snowmobiling, after going about 135 miles, the lead snowmobiler, Olson, came to a stop sign on the snowmobile trail where it intersected a private driveway. As Olson approached the sign, he gave the customary hand signal and stopped his snowmobile. Harvey, second in line, was going too fast to stop, so Olson pulled his snowmobile to the right side of the private driveway. Harvey, to avoid hitting Olson, pulled his snowmobile to the left and went over a 5- or 6-foot snow embankment. Bertram, third in line, going about 30 miles per hour, slammed on his brake, turned 45 degrees, and slammed into Olson's snowmobile. Bertram was thrown from his snowmobile. Norden, fourth in line, could not stop, and his snowmobile hit Bertram's leg. Bertram's tibia and fibula were both fractured and protruded through his skin. Bertram had to undergo surgery to repair the broken bones.
Bertram filed a lawsuit against Olson, Harvey, and Norden in a trial court in Ohio, claiming that each of his friends was liable to him for their negligent snowmobile operation. A Michigan statute specifically stated that snowmobilers assumed the risks associated with snowmobiling. Ohio law did not contain an assumption of the risk rule regarding snowmobiling. The three defendants made a motion for summary judgment.
To bring a lawsuit, Bertram must show that he has standing to sue. What does a plaintiff need to show to demonstrate that they have standing to sue? Does Bertram have standing in this case?
A court must establish personal (or in personam) jurisdiction over people involved in a lawsuit to have authority over them. After reading the sections on Personal Jurisdiction and Long-Arm Statutes, where do you think this trial could/should be held? A key issue in this case is whether Ohio or Michigan state law should apply in this case. Which state's law do you think would give Bertram the best chance at winning the lawsuit? Why?
Usually, courts apply the law of the state in which an incident occurred, but other factors such as state of residence can affect the court's determination. Which state's law do you think should apply in this case? Why?