CASE LAW UPDATE: Whether the two defendants could bring a motion to change venue?
Medical malpractice case was brought in county where one defendant resided, but where the cause of action did not occur. Two defendants brought a united motion to change venue under Minn. Stat. §542.10, which allows “several defendants residing in different counties” to compel a transfer of venue when the majority of them united in the demand. The trial court denied the motion, concluding two defendants did not amount to several. The Minnesota Court of Appeals agreed. The Minnesota Supreme Court reversed, holding that the word “several” in the context of venue motions means “separate.” Therefore, two defendants may unite in a request under Minn. Stat. §542.10 to change venue.
Manselle v. Krogstad, A20-0076, Minnesota Supreme Court.
Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.