Grant v. Mcauliffe

264 P.2d 944 (1953)

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Nature of the Case

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Facts

Ps were riding west on Highway 66 in an automobile owned and driven by plaintiff D. O. Jensen. Pullen was driving his automobile east on the same highway. The two automobiles collided 15 miles east of Flagstaff, Arizona. Jensen's automobile was badly damaged, and Ps suffered personal injuries. Pullen died as a result of injuries received in the collision. D was appointed administrator of his estate and letters testamentary were issued. Ps, as well as Pullen, were residents of California at the time of the collision. D rejected all three claims for damages against the estate. Ps sued D in California and D filed a general demurrer and a motion to abate each of the complaints. The trial court applied Arizona law entered an order granting D’s motion in each case. In Arizona, negligent tort actions died with the tortfeasor. In California, they survived a tortfeasor’s death. Ps appealed.