Weighing Contracts in Conflicts Cases: The Handmaiden Axiom

Authors

Courtland H. Peterson

Abstract

John Shaposka, a resident of Delaware, offered Michael Cipolla a ride to Michael's home in Pennsylvania after their classes in a Delaware school were ended for the day. Michael accepted and was injured when the automobile, driven by John and owned by John's father, was involved in a collision while still in Delaware. Delaware has a statute barring recovery against a host who was only ordinarily negligent, while Pennsylvania has no guest statute. Michael and his parents sued John in Pennsylvania, apparently urging only that John was guilty of ordinary negligence. Recovery could therefore be had only if the Pennsylvania court applied forum law rather than Delaware law. Defendant's motion for summary judgment was granted by the trial court and the Supreme Court of Pennsylvania affirmed.

First Page

436

Recommended Citation

Courtland H. Peterson, Weighing Contracts in Conflicts Cases: The Handmaiden Axiom, 9 Duq. L. Rev. 436 (1971).
Available at: https://dsc.duq.edu/dlr/vol9/iss3/8