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Conflict of Laws Keyed to Brilmayer
Reich v. Purcell
Citation:
67 Cal. 2d 551, 442 P.2d 727, 63 Cal. Rptr. 31 (1967)Facts
Mrs. Reich and her son Jay were both killed in a head-on collision car crash in Missouri. One of the vehicles involved in the collision was owned and operated by Mrs. Reich, a resident of Ohio. She was driving her two sons, Jay and Jeffry, to California where Mrs. Reich and her husband were planning on moving. Joseph Purcell, a resident and domiciliary of California, owned an operated the second vehicle involved in the collision, and was driving to vacation in Illinois.
Mrs. Reich’s husband, Lee, and her son Jeffry were the heirs of Mrs. Reich’s estate and Lee was the heir of Jay’s estate. Plaintiffs, Lee and Jeffry, moved to California and became residents following the accident. The estates of Mrs. Reich and Jay were being administered in Ohio. Lee and Jeffry brought suit in California state court for the wrongful death of Mrs. Reich and Jay. They stipulated that judgment be entered in specified amounts for the wrongful death of Jay, the personal injuries suffered by Jeffry, and for damages to Mrs. Reich’s car. For the death of Mrs. Reich, Lee and Jeffry stipulated that judgment be entered for $55,000.00 or $25,000.00 depending on the court’s ruling on the applicability of the Missouri limitation of damages to a maximum of $25,000.00. Neither California or Ohio limited recovery in wrongful death actions. The trial court held that the Missouri limitation applied because the accident occurred there. Plaintiffs appealed.
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