Conflicts Keyed to Currie
Grant v. McAuliffe
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Pullen was a resident of California and the driver of an automobile who died as result of an auto accident in which he was allegedly the negligent party. The accident took place in Arizona. Grant (Plaintiff), also a resident of California, was injured in the accident and sought damages from McAuliffe (Defendant), Pullen’s administrator. Under California law, tort actions survive the tortfeasor’s death, however, under Arizona law they do not. The California trial court found that Arizona law applied sine it was a substantive rather than procedural nature and, therefore, granted McAuliffe’s (Defendant) motion to abate Plaintiff’s suit. Plaintiff appealed, arguing that the law was in fact procedural and therefore the law of the forum, California, should apply.
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