The Minnesota Supreme Court has accepted review in one of those bar exam like cases, Meyer v. Nwokedi and Enterprise Rent A Car Co.The question is whether state law governing vicarious liability for rental car companies is preempted by federal law that abolished such liability. Two people were killed and others injured in a one-vehicle accident involving a vehicle rented in North Dakota and driven in Minnesota. The petitioner argues that the federal law includes a “savings clause” that provides an exception for state financial responsibility and liability insurance requirements, and that Minn. Stat. sec. 169.09, subd. 5a, and Minn. Stat. sec. 65B.49, subd. 5a(i)(2), fit within that exception and therefore are not preempted. Section 169.09 subd. 5a imposes vicarious liability. Section 654B.49 subd. 5(a) (i) (2) establishes caps on damages for which rental car owners may be vicariously liable. The Court of Appeals said that the savings clauses did not apply in this case.
The court also accepted review of Hentges v. Mensing, a mechanic’s lien case. The Court of Appeals said that prelien notice was not required under Minn. Stat. 514.011, subd. 4b because the property involved family units. It also said the respondent-contractor did not have an equitable ownership interest that precluded it from filing a mechanic’s lien and affirmed the District Court’s conclusion that respondent-contractor’s lien is valid.
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