Tooker v. Lopez

249 N.E.2d 394 (1969)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Catharina Tooker, a 20-year-old coed at Michigan State University, was killed when the Japanese sports car in which she was a passenger overturned after D had lost control of the vehicle while attempting to pass another car. The accident occurred in Michigan. The accident also took the life of D and seriously injured another passenger, Susan Silk. The two girls were classmates of Catharina Tooker at Michigan State University and lived in the same dormitory. They were en route from the university to Detroit, Michigan, to spend the weekend. Catharina Tooker and D were both New York domiciliaries. Silk was domiciled in Michigan. The automobile belonged to D's father who resided in New York, where the sports car he had given his daughter was registered and insured. P, the father of Catharina Tooker, sued D's estate for wrongful death. D asserted as an affirmative defense the Michigan 'guest statute' which permits recovery by guests only by showing willful misconduct or gross negligence of the driver. P moved to dismiss the affirmative defense on the ground that under the governing choice-of-law rules it was New York law rather than Michigan law which applied. The court ruled for P holding that 'New York State 'has the greatest concern with the specific issue raised in the litigation' and that New York law should apply.' On appeal, the Appellate Division reversed under Dym v. Gordon (16 N Y 2d 120 [1965]. P appealed.