Reich v. Purcell

432 P.2d 727 (1967)

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Nature of the Case

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Facts

An accident occurred in Missouri. Purcell’s (D) car collided with P’s car. P’s wife and son were killed in the accident. P was on his way to California at the time of the accident. D was a resident of California and P was a resident of Ohio. Their estates were administered in Ohio. Another son, Jeffry, was severely injured. Missouri limited wrongful death damages but California and Ohio did not. P eventually moved to California and filed this suit against D. The parties stipulated that judgment be entered in specified amounts for the wrongful death of the son, for the personal injuries suffered by Jeffry, and for the damages to the wife’s automobile. For the death of the wife, they stipulated that judgment be entered for $55,000 or $25,000 depending on the court's ruling on the applicability of the Missouri limitation of damages to a maximum of $25,000. The trial court held that the Missouri limitation applied because the accident occurred there. P appealed.