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Grant v. McAuliffe
Citation:41 Cal.2d 859, 264 P.2d 944 (1953)
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W. R. Grant, R. M. Manchester, and D. O. Jensen (Plaintiffs) were driving west on the highway in Arizona when they collided with W. W. Pullen. Plaintiffs all sustained injuries and Pullen died. All were residents of California. Plaintiffs sued McAuliffe (Defendant), Pullen’s administrator, in California for Pullen’s negligent driving, seeking to recover damages for their injuries. Defendant filed a motion to abate, arguing that the survival cause of action is a substantive matter governed by Arizona law, which does not recognize survival causes of actions.
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