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Conflict of Laws Keyed to Brilmayer
Grant v. McAuliffe
Citation:
41 Cal. 2d 859, 264 P.2d 944 (1953)Facts
On December 17, 1949, W.R. Grant and R.M. Manchester were riding west on U.S. Highway 66 in a car owned and driven by D.O. Jensen. W.W. Pullen was driving his car going east on the same highway when the two cars collided about 15 miles east of Flagstaff, Arizona. Jensen’s car was damaged and Jensen, Grant, and Manchester were all badly injured. Pullen died of his injuries on January 5, 1950. Mr. McAuliffe was appointed administrator of his estate. Grant, Manchester, Jensen and Pullen were all residents of California at the time of the collision.
Plaintiffs, Grant, Manchester, and Jensen, brought suit against Defendant, McAuliffe, in California for their injuries. The court applied Arizona law, and dismissed the Plaintiffs’ suit on the grounds that negligent tort actions could not be brought after the death of the tortfeasor. Plaintiffs appealed.
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