Summary
The Delaware Supreme Court reviewed a choice-of-law issue arising from a North Carolina vehicle accident involving Delaware residents and a Delaware-registered vehicle. Applying the Restatement (Second) of Conflict of Laws's most-significant-relationship test, the court held that Delaware law, including comparative negligence, governed the plaintiff's negligence and negligent-entrustment claims rather than North Carolina's contributory-negligence rule. The court affirmed the Superior Court's denial of summary judgment.
Holdings
- Delaware had the most significant relationship to the occurrence and the parties under the Restatement (Second) of Conflict of Laws, so Delaware comparative-negligence law, rather than North Carolina contributory-negligence law, governed Thompson's negligence claim against Sinnott.
- Delaware had the most significant relationship to Thompson's negligent-entrustment claim against Pepper, so Delaware law governed that claim.
Questions Presented
- Whether Delaware's most-significant-relationship choice-of-law test required application of Delaware comparative-negligence law rather than North Carolina contributory-negligence law to Thompson's negligence claim against Sinnott.
- Whether Delaware law governed Thompson's negligent-entrustment claim against Pepper, whose vehicle was owned, registered, and insured in Delaware.
Disposition
affirmed
Cases Cited (14)
- State Farm Mut. Auto. Ins. Co. v. Patterson, 7 A.3d 454 (Del. 2010)(followed)
- Travelers Indem. Co. v. Lake, 594 A.2d 38 (Del. 1991)(followed)
- Conlin v. Hutcheon, 560 F. Supp. 934 (D. Colo. 1983)(followed)
- Thompson v. Sinnott, 2011 WL 1632344 (Del. Super. Apr. 26, 2011)(described)
- Griffith v. White, 929 F. Supp. 755 (D. Vt. 1996)(followed by analogy)
- O'Connor v. O'Connor, 201 Conn. 632, 519 A.2d 13 (1986)(followed by analogy)
- Maldonado v. Lannefranque, 1998 WL 301190 (Conn. Super. May 27, 1998)(followed by analogy)
- Judge v. Am. Motors Corp., 908 F.2d 1565 (11th Cir. 1990)(followed by analogy)
- Turner v. Lipschultz, 619 A.2d 912 (Del. 1992)(distinguished)
- Yoder v. Delmarva Power & Light Co., 976 A.2d 172 (Del. 2009)(distinguished)
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