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Paul v. National Life | 177 W.Va 427, 352 S.E.2d 550 (1986)
Two friends from West Virginia were involved in an accident on an Indiana highway. Which state’s law should apply to the resulting lawsuit? In Paul versus National Life, the West Virginia Supreme Court of Appeals considered the best way to resolve this conflict-of-laws question.
Eliza Vickers and Aloha Jane Paul, two friends who lived in West Virginia, took a weekend trip to Indiana. Vickers, who was driving, lost control of the car and both women were killed in a one-car collision. Vincent Paul, the administrator of Paul’s estate, brought a negligence action against Vickers’s estate and the National Life Accident Company in a West Virginia court.
Indiana had a law called a guest statute, which granted a driver immunity from liability for a passenger’s death unless the driver engaged in willful and wanton misconduct at the time of the accident. West Virginia didn’t have such a statute. Following discovery, National moved for summary judgment, arguing that the Indiana guest statute applied because the accident happened there and that there was no evidence that Vickers had behaved willfully and wantonly. The trial court granted summary judgment for National. Paul appealed to the West Virginia Supreme Court of Appeals.
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