Morgan v. Biro
Facts: Morgan got his arm chopped over by a meat grinder
made by Biro. The meat grinder had been
in service for 20 years and had been modified by having a protective guard
removed by one of the owners of the grinder.
Morgan sued for personal injuries in
Rule: NEW RULE! The court abandons the old rule of “lex loci delicti” (“the law of the place where the tort was committed”) in favor of a balancing test weighing the following factors: (1) where the injury happened, (2) where the misdeed that caused the injury happened, (3) where the parties are from, (4) where the relationship between the parties is, and (5) additional factors (“section 6”).
Analysis: The court finds that
The minority finds that the
factors in Section 6 tip the scale towards the application of
Conclusion: The lower courts’ judgments are upheld.