Restatement (Second) Of Conflict Of Laws § 146

22 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• State Farm Mut. Auto. Ins. Co. v. Olsen
  406 So. 2d 1109· Fla.· 1981-11-25 ·cited 72×
  State Farm sought declaratory judgment that Illinois's contributory negligence law should bar recovery in an uninsured motorist claim arising from a fatal accident in Illinois involving a Florida resident. The Florida Supreme Court held that Illinois law controls under the "signi
• Dep't OF Corr. v. McGHEE
  653 So. 2d 1091· Fla. 1st DCA· 1995-04-13 ·cited 29×
  Linda McGhee sued the Florida Department of Corrections for negligence after escaped convicts killed her husband in Mississippi. The trial court applied Florida law and found DOC liable, but the appellate court reversed, holding that under Florida law, a state agency cannot be he
• Judge v. Am. Motors Corp.
  908 F.2d 1565· 11th Cir.· 1990-08-21 ·cited 26×
  The court held that Florida's choice-of-law principles, guided by the Restatement (Second), require applying Florida law to the wrongful death claim because Mexico's interest in applying its law is slight and applying Mexican law would completely bar the claim.
• Ryder Truck Rental, Inc. v. Rosenberger
  699 So. 2d 713· Fla. 3d DCA· 1997-07-09 ·cited 17×
  Ryder Truck Rental appeals the denial of its motion to dismiss on forum non conveniens grounds in a negligence case arising from a truck accident in Montana. The court reverses, holding that Montana law would apply to the claim and that Florida lacks sufficient interest in the li
• Wal-Mart Stores, Inc. v. Budget Rent-A-Car Sys.
  567 So. 2d 918· Fla. 1st DCA· 1990-09-04 ·cited 15×
  Wal-Mart appeals the dismissal of its contribution claim against vehicle rental companies and related parties after paying a judgment in a personal injury case. The court reverses, holding that Florida law—not Georgia law—applies to Wal-Mart's contribution claim under the dangero
• Futch v. Ryder Truck Rental, Inc.
  391 So. 2d 808· Fla. 5th DCA· 1980-12-31 ·cited 13×
  Appellants Futch sued truck lessor Ryder after Lindsey Futch fell from a tractor while inspecting its refrigeration unit, alleging the tractor lacked adequate safety equipment like catwalks and handrails. The trial court dismissed the complaint with prejudice, applying Maryland l
• Broome v. Antlers' Hunting Club
  595 F.2d 921· 3d Cir.· 1979-03-30 ·cited 12×
  The court held that a Pennsylvania court would apply Pennsylvania law to both liability and damages in a survival action for a tort committed in Pennsylvania, even if the decedent was a New York resident.
• Bowman v. Koch Transfer Co.
  862 F.2d 1257· 6th Cir.· 1988-12-07 ·cited 11×
  The court held that Illinois law properly applied to damages in a wrongful death action, and the district court did not err in excluding evidence or rejecting jury instructions.
• Crowell v. Clay Hyder Trucking Lines, Inc.
  700 So. 2d 120· Fla. 2d DCA· 1997-10-08 ·cited 9×
  Florida residents were injured in a hit-and-run accident in Georgia involving a truck bearing Clay Hyder's name. The trial court applied Georgia law and granted summary judgment to Clay Hyder, but this court reverses, holding that Florida law should apply to the ownership presump
• Sierra v. A Betterway Rent-A-Car, Inc.
  863 So. 2d 358· Fla. 3d DCA· 2003-11-19 ·cited 7×
  Gabriel Sierra was struck by a van in Miami Beach driven by a customer who had rented the vehicle from Budget Rent-A-Car in Atlanta, Georgia. The trial court dismissed the complaint for lack of personal jurisdiction, but the appellate court reversed, holding that Budget and Bette
• Blakesley v. Wolford, D.D.S.
  789 F.2d 236· 3d Cir.· 1986-04-30 ·cited 7×
  The court held that the district court erred in applying Pennsylvania law to the substantive issues of informed consent and damages in a medical malpractice action, and that Texas law should apply.
• Connell v. Riggins
  944 So. 2d 1174· Fla. 1st DCA· 2006-12-15 ·cited 6×
  In this vehicular accident case, the Florida appellate court reversed a judgment against defendant Connell, finding three reversible errors: (1) improper application of Florida comparative negligence law instead of Georgia law; (2) jury instruction based on hearsay driver's manua
• Leinhart v. Jayme Jurkovich
  882 So. 2d 456· Fla. 4th DCA· 2004-09-01 ·cited 5×
  Bradley University appealed a judgment awarded to college student Jayme Jurkovich for injuries sustained in an automobile accident in Florida while she was riding in a university van. The appellate court affirmed, holding that Illinois law rather than Florida no-fault law applied
• Hoffman v. Helene Ouellette
  798 So. 2d 42· Fla. 4th DCA· 2001-10-17 ·cited 4×
  Douglas Hoffman, as representative of the estate of Raymond Coutellier, appealed a jury verdict awarding damages to Helene Ouellette for injuries sustained in an automobile accident at a mobile home park in Florida. The appellate court affirmed the judgment, holding that Florida
• Peoples Bank & Tr. Co. v. Piper Aircraft Corp.
  598 F. Supp. 377· S.D. Fla.· 1984-12-07 ·cited 4×
  The court held that Ohio law should be applied in this diversity action because Ohio has the most significant relationship to the occurrence and the parties, despite the defendant's residence in Florida.
• Proprietors Ins. Co. v. West
  435 So. 2d 290· Fla. 3d DCA· 1983-06-28 ·cited 4×
  Under Florida's adoption of the Restatement (Second) significant relationships test, the law of the state with the most significant relationship to a tort action, not necessarily the place of injury, determines rights and liabilities. When the place of injury is merely fortuitous
• Brown v. Nat'l CAR Rental Sys., Inc.
  707 So. 2d 394· Fla. 3d DCA· 1998-03-04 ·cited 3×
  A Florida resident injured by a negligent driver sued National Car Rental for vicarious liability under Florida's dangerous instrumentality doctrine. The trial court dismissed the claim, applying Georgia law where the car was rented, but the appellate court reversed, holding that
• Jaurequi v. John Deere Co. & Deere & Co.
  986 F.2d 170· 7th Cir.· 1993-02-08 ·cited 1×
  The Indiana statute of repose should bar the plaintiff's claim because the forum state's statute of limitations generally applies, and this case is not exceptional.
• Lia Ward v. Morlock
  218 So. 3d 981· Fla. 5th DCA· 2017-05-05
  In this conflict of laws case, the Fifth District Court of Appeal held that Florida's dangerous instrumentality doctrine applies to a motor vehicle accident occurring in South Carolina where both the vehicle owner and injured plaintiff are Florida residents. The court reversed su
• IN & FOR NEW Castle Cnty. Andres Artega v. Bell Helicopter Textron, Inc.
  Del. Super. Ct.· 2014-06-10
  The court held that Texas law has the most significant relationship to the issues of liability, damages, and remedies in this products liability action arising from a helicopter crash in Mexico. Therefore, the court granted the plaintiffs' motion to apply Texas law to liability a
• Montgomery v. Oberti
  1991 WL 70650· S.D. Fla.· 2013-05-16
  The court held that the Bahamas is a more appropriate and convenient forum for the action, and therefore dismissed the case on the grounds of forum non conveniens.
• Hinton v. Benson
  898 So. 2d 967· Fla. 3d DCA· 2005-02-16