CHAPTER 1
Basic Theories of Liability and Damages
Introduction; Basic Framework for Liability; Damages; Duties of Vehicle Manufacturers; Duties of Non-Manufacturers; Other Bases of Liability
– Christopher P. Malone & Stephanie N. Maser

CHAPTER 2
Legal Responsibilities of Automobile Owners
Introduction; Ownership and Title; Duty of Vehicle Owner for Condition of Vehicle; Owner’s Responsibility Despite Lack of Owner’s Active Negligence – “Vicarious Liability”; Owner’s Responsibility When Merely Passenger in the Vehicle; Owner’s Responsibility to Entrust Vehicle to Competent Driver; Owner’s Responsibility to Guard Against Injuries to Third Parties; Owner’s Responsibility When Motor Vehicle Is Operated in Contravention of Licensing Regulations; Owner’s Responsibility Diminished by Negligence of Others; Actions by Owner of Vehicle Against Negligent Third Parties; Indemnity and Contribution
– Andrew J. Rorvig

CHAPTER 3
Intersection Accidents, Rights-of-Way, and Obligation to Signal
Introduction; Definitions; Laws Establishing Right-of-Way; Unlawful Speed Forfeits Right-of-Way; Duty to Yield Right-of-Way; Duty of Driver with Right-of-Way; Issues For Jury: Comparative Fault; “Look and Not See” Issues; Rights and Duties Relating to Signals and Signaling
– Michael R. Fargione

CHAPTER 4
One-Car Accidents
Scope of Chapter; General Principles of Liability; Res Ipsa Loquitur; Collisions with Animals; Allegations of Negligence of the Passenger; Actions Against Government: Ice and Snow; Duty Owed to All Persons Using the Roads
– Nicholas J. O’Connell & Julia J. Nierengarten

CHAPTER 5
Rear-End Accidents
Introduction; General Rule; Skidding; Rights and Duties of Leading Drivers; Rights and Duties of Following Drivers
– Nicholas J. O’Connell & Julia J. Nierengarten

CHAPTER 6
Accidents Occurring When Crossing the Center Line and Passing
Introduction; Definitions; Generally – Driving on the Right Side of the Road; Applicability of Comparative Negligence and the No-Fault Act; Prima Facie Evidence of Negligence; Burden of Proof; Justification for Driving to the Left of the Center Line; Questions for Court or Jury; Rights and Duties of Passing Vehicles Going the Same Direction; Duty to Signal, Sound Horn; Obstructed View – Curves, Hills, Trees, Weather, Dust, Lights, or Sun; Intersections and Railroad Crossings; Passing Lanes/Zones; Multiple Lane Highways; Passing a Stopped Vehicle; Bicycles; Persons on Horseback; School Bus or Private Carrier Bus; One-Way Road; No-Passing Zones; Rights and Duties of Passed Vehicles; Last Clear Chance Doctrine; Rights and Duties of Vehicles Passing in Opposite Directions; U-Turns
– Daniel B. O’Leary

CHAPTER 7
Defenses Relating to Sovereign Immunity
Application of Sovereign Immunity; Duty Owed by Government; Notice of Claim Requirements; Snow and Ice Immunity; Statutory Discretionary Immunity; Official Immunity; The Public Duty Doctrine; Wild Animal Immunity; Statute of Limitations/Repose
– Patrick L. Arneson

CHAPTER 8
Standing Vehicles
Scope of Chapter; Stop and Park; Statutory Prohibitions Against Stopping or Parking a Vehicle; Good Samaritan Exception to Stopping and Parking; Parking Automobile Parallel to the Curb; Lights for Parked Vehicles; Duties of Drivers of Buses, Trucks, and Trailers – Flares, Flags, and Reflectors; Duty of One Opening and Closing a Vehicle Door
– Kay Nord Hunt

CHAPTER 9
Accidents Involving Pedestrians and Animals
Introduction; Pedestrians; Crossing the Street; Traveling on the Street and Sidewalks; Animals
– Roger H. Gross

CHAPTER 10
Accidents Involving Motorcycles, Buses, Rental Cars, and Other “Specialized” Vehicles
Introduction; Motorcycles; Bicycles; Snowmobiles; Recreational Vehicles; All-Terrain Vehicles; Trucks; Emergency Vehicles; Buses; Taxis; Rental Vehicles; In-Line Skates; Electric Personal Assistive Mobility Devices; Motorized Foot Scooters; Other Vehicles
– Michael D. Tewksbury, Eric C. Arch & Kathleen K. Curtis

CHAPTER 11
Accidents Involving Speed
Scope of Chapter; Maximum Speed Limits; Evidence as to Speed; Minimum Speed
– Kay Nord Hunt

CHAPTER 12
Accidents Caused by Alcohol Consumption and Vehicular Crimes
Motor Vehicle Accidents Caused by Alcohol; Minnesota Civil Damages Act; Social Host Liability; Vehicular Crimes Related to Alcohol Offenses
– Joseph A. Nilan & Jacob T. Merkel

CHAPTER 13
Commercial Trucking Insurance
Introduction; Interplay Between Federal and State Law; The MCS-90 Endorsement; Cancellation and Replacement of Policies; Coverage Issues Arising from Commercial Vehicle Leases; No-Fault Issues; Indemnity under the Minnesota No-Fault; Non-Trucking Use Coverage; Coverage on Semi-Trailers; Primary-Excess Issues; Anti-Indemnity Statute in Minnesota
– Rachel B. Beauchamp & Tamara L. Novotny

CHAPTER 14
Damages in Automobile Accident Cases
Introduction; Damages in General; No-Fault Benefits; General Damages; Special Damages; Inter-Family Recovery; Factors Limiting or Enhancing Recovery; Nominal Damages; Punitive Damages; Wrongful Death
– Sheila K. Donnelly-Coyne

CHAPTER 15
Accidents Involving Multiple Parties
Comparative Fault; Joint and Several Liability; Prior Settlements; Suing Piecemeal; Uninsured Motorist Claims; Underinsured Motorist Claims
– Matthew E. Steinbrink

CHAPTER 16
Medical Subrogation Issues
Introduction; Practical Approach to Medical Subrogation; General Legal Principles Governing Medical Subrogation; Plans Governed by ERISA; Government Plans; Special Circumstances
– Andrew J. Rorvig

CHAPTER 17
Workers’ Compensation and Motor Vehicle Accident Claims
Introduction; Statutory Authority; Real Party in Interest; Statute of Limitations for Subrogation Actions; No-Fault Issues in Workers’ Compensation Subrogation Claims; Judicial Enforcement of the Right of Subrogation; The Effect of Comparative Fault in the Subrogation Claim; Mechanics of Employer’s Subrogation Action; Waiving the Employer’s Subrogation Claim; Intervention Rights; Settlement Techniques by Employee; Benefits Subject to Subrogation; Settlement Techniques by Employer; The Distribution Formula; The Employer’s Third-Party Contribution Liability; Workers’ Compensation Payments as a Collateral Source; Wrongful Death Claims; The Employer’s Contribution Obligation
– Wilbur W. Fluegel & Shannon A. Nelson

CHAPTER 18
Settlement Documents and Releases
Introduction; General Bodily Injury Releases; No-Fault Benefits Close out Releases; Minor and Incompetent Person Settlement Agreements; Uninsured and Underinsured Releases; Pierringer Releases; Wrongful Death Releases; Drake v. Ryan Agreements; Miller-Shugart; Conclusion; Appendix A – Release Forms: Form 1: Complete Release and Settlement Agreement; Form 2: Complete Release and Settlement Agreement (Including Loss of Consortium); Form 3: Minnesota No-Fault Claims: Complete Release and Settlement Agreement; Form 4: Settlement Agreement and Release for Minor Authorized by Court Order; Form 5: Parent’s Indemnifying Release and Settlement Agreement for Minor; Form 6: Uninsured Motorist Claims: Complete Release and Settlement Agreement; Form 7: Uninsured Motorist Claims: Complete Release and Settlement Agreement (Including Loss of Consortium); Form 8: Underinsured Motorist Claims: Complete Release and Settlement Agreement; Form 9: Underinsured Motorist Claims: Complete Release and Settlement Agreement (Including Loss of Consortium); Form 10: Pierringer Release; Form 11: Pierringer Release (Including Loss of Consortium); Form 12: Complete Release and Settlement Agreement: Wrongful Death; Form 13: Drake v. Ryan Agreement: Satisfaction of Future Judgment and Receipt of Advance Payment; Form 14: Stipulation for Entry of Judgment under Miller v. Shugart
– Elizabeth J. Roff, Corey S. Bronczyk & Jack F. Edell

CHAPTER 19
Special Verdict Forms and Jury Instructions
General Observations; Thresholds; No-Fault Deductions; Deduction of Collateral Sources
– Matt Barber

CHAPTER 20
Vehicle Accidents Involving the Federal Government under the Federal Tort Claims Act
Introduction; The Waiver of Sovereign Immunity; The Administrative Claim Requirement; Time Limit Requirements; The Proper Party Defendant; Jurisdiction and Venue; Available Relief; Attorney Fees; No Jury Trial Available; Appendix A – Standard Form 95: Claim for Damage, Injury or Death
– David W. Fuller & Friedrich A.P. Siekert

CHAPTER 21
Motor Vehicle Liability Insurance Issues
Liability Coverage under the No-Fault Act; Persons Covered; Vehicles Covered; Minnesota Law and Out-of-State Liability Insurance Policies; Collecting from the Liability Insurance Carrier; Multiple Liability Coverages; Garage Policies
– Jeannie Provo-Petersen & Daniel J. Stahley

CHAPTER 22
Uninsured/Underinsured Motorist Coverage
History of Uninsured and Underinsured Motorist Statutes; Issues Common to Uninsured and Underinsured Motorist Coverages; What Is an Uninsured Motor Vehicle?; What Is an Underinsured Motor Vehicle?; Identifying the Source of UM and UIM Coverage; Asserting UM Claims; Asserting UM Claims: Multiple Defendants; First Step in UIM Claim: Resolve the Liability Claim; Options if UIM Insurer Substituted Draft; Multiple Parties; UIM Insurer’s Right of Recovery; Amount of UM/UIM Recovery; Other Issues; Statute of Limitations
– Michael R. Fargione & Racey Rodne

CHAPTER 23
No-Fault Benefits: An Overview
When Does a Claim Arise?; Who Pays No-Fault Benefits?; What Benefits Are Available?; No-Fault Issues at Trial; Relationship to Other Benefits; Miscellaneous Issues
– Paul F. McEllistrem

CHAPTER 24
No-Fault Claims Handling and Arbitration
Statutory Framework for No-Fault Claims; Fair Claims Practices; No-Fault Arbitration; Indemnity/Subrogation; Assignment of No-Fault Claims
– Kelly Sofio

Table of Authorities
Subject Index

• Complete Release and Settlement Agreement
• Complete Release and Settlement Agreement (Including Loss of Consortium)
• Minnesota No Fault Claims: Complete Release and Settlement Agreement
• Settlement Agreement and Release for Minor Authorized by Court Order
• Parent’s Indemnifying Release and Settlement Agreement for Minor
• Underinsured Motorist Claims: Complete Release and Settlement Agreement
• Underinsured Motorist Claims: Complete Release and Settlement Agreement (Including Loss of Consortium)
• Underinsured Motorist Claims: Complete Release and Settlement Agreement
• Underinsured Motorist Claims: Complete Release and Settlement Agreement (Including Loss of Consortium)
• Pierringer Release
• Pierringer Release (Including Loss of Consortium)
• Complete Release and Settlement Agreement: Wrongful Death
• Drake v. Ryan Agreement: Satisfaction of Future Judgment and Receipt of Advance Payment
• Stipulation for Entry of Judgment under Miller v. Shugart
• Standard Form 95: Claim for Damage, Injury or Death

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