Paul v. National Life

352 S.E.2d 550 (1986)

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Nature of the Case

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Facts

Vickers and Paul, both West Virginia residents, took a weekend trip to Indiana. Vickers lost control of the car. Both died. P's estate brought a wrongful death action against Vickers' estate and D. Upon completion of discovery, D moved for summary judgment claiming that: (1) the Indiana guest statute, which grants to a gratuitous host immunity from liability for the injury or death of a passenger unless that host was guilty of willful and wanton misconduct at the time of the accident, was applicable; and (2) that the record was devoid of any evidence of willful or wanton misconduct on the part of Vickers. The order of the circuit court held that our conflicts doctrine of lex loci delicti required that the law of the place of the injury, namely, Indiana, apply to the case. D’s motion was granted. P appealed.