Summary
The Supreme Court of Arizona held that Arizona's statute of limitations governed a tort action arising from an automobile accident that occurred in Arizona, even though all parties were California residents. Applying Restatement (Second) of Conflict of Laws § 142, the court concluded that Arizona had a substantial interest in regulating and deterring wrongful conduct within the state. The court vacated the court of appeals' decision, reversed the trial court's judgment, and remanded the case.
Holdings
- Under Restatement (Second) of Conflict of Laws § 142 (1988), Arizona generally applies its own statute of limitations when the claim is timely under Arizona law, unless maintaining the claim would serve no substantial Arizona interest and the claim would be barred under the law of a state with a more significant relationship to the parties and occurrence.
Questions Presented
- Whether Arizona or California law governed the statute of limitations for Jackson's tort action arising from an accident, injury, and allegedly wrongful conduct occurring in Arizona.
- Whether Arizona had a substantial interest in maintaining the claim so that the forum would apply its own statute of limitations under Restatement (Second) of Conflict of Laws § 142 (1988).
Disposition
reversed_and_remanded
Cases Cited (9)
- DeLoach v. Alfred, 192 Ariz. 28, 960 P.2d 628 (1998)(followed)
- Ledesma v. Jack Stewart Produce, Inc., 816 F.2d 482 (9th Cir. 1987)(persuasive)
- Hurtado v. Superior Court, 11 Cal. 3d 574, 114 Cal. Rptr. 106, 522 P.2d 666 (1974)(persuasive)
- Brandler v. Manuel Trevizo Hay Co., 154 Ariz. 96, 740 P.2d 958 (App. 1987)(persuasive)
- Washington Mut. Bank v. Superior Court, 24 Cal. 4th 906, 103 Cal. Rptr. 2d 320, 15 P.3d 1071 (2001)(persuasive)
- Bryant v. Silverman, 146 Ariz. 41, 703 P.2d 1190 (1985)(distinguished)
- Gust, Rosenfeld & Henderson v. Prudential Ins. Co., 182 Ariz. 586, 898 P.2d 964 (1995)(persuasive)
- Keeton v. Hustler Magazine, Inc., 131 N.H. 6, 549 A.2d 1187 (1988)(persuasive)
- Allen v. Volkswagen of America, Inc., 555 F.2d 361 (3d Cir. 1977)(persuasive)
Cited In (0)
No citing cases on record yet.
Court Document
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