67 Cal.2d 551, 63 Cal.Rptr. 31, 432 P.2d 727
Lee Reich, individually and as administrator, and Jeffry Reich brought this wrongful death action against Joseph Purcell following a head-on collision in Missouri.1 Purcell, a California resident, was driving to a vacation in Illinois when his automobile collided with the vehicle driven by Mrs. Reich.2 Mrs. Reich, accompanied by her sons Jay and Jeffry, was traveling from Ohio to California, where the Reich family was considering settling.3 The collision resulted in the deaths of Mrs. Reich and Jay, as well as injuries to Jeffry.4
Plaintiffs Lee Reich and Jeffry Reich are the surviving heirs.5 Following the accident, the plaintiffs relocated to California and established permanent residence there.6 The estates of Mrs. Reich and Jay Reich are administered in Ohio.7
The parties entered into stipulations regarding damages for Jay's death, Jeffry's injuries, and property damage to Mrs. Reich's automobile.8 For the death of Mrs. Reich, they agreed that judgment would be entered for either $55,000 or $25,000 based on the court's determination of whether Missouri's $25,000 damages cap applied.9 The trial court concluded that the Missouri limitation governed due to the location of the accident and entered judgment on that basis.10 Plaintiffs appealed the ruling to the Supreme Court of California.11
Whether the Missouri limitation of damages for wrongful death applies to this action arising out of a collision in Missouri?12
In multistate tort actions California courts reject automatic application of the law of the place of the wrong.13 The appropriate rule is selected by examining the interests of the litigants and the involved states.14 Limitations on damages in wrongful death cases concern compensation rather than conduct and therefore the place of the wrong has little interest when no parties reside there.15
No. The accident occurred when Purcell's car collided head-on with Mrs. Reich's vehicle in Missouri. Purcell was a California domiciliary en route to Illinois.16 Mrs. Reich and her sons were traveling from their Ohio home toward California.17 Mrs. Reich and Jay died and Jeffry was injured.18
Plaintiffs Lee Reich and Jeffry Reich are the heirs.19 The decedents' estates are administered in Ohio.20 After the accident the plaintiffs moved to California and became permanent residents.21
The parties stipulated to damages for Jay's death, Jeffry's injuries, and property damage.22 For Mrs. Reich's death they stipulated to either $55,000 or $25,000 depending on whether Missouri's cap applied.23 The trial court applied the Missouri limit and plaintiffs appealed.24
Missouri has the predominant interest in conduct within its borders but limitations of damages have little or nothing to do with conduct.25 The state of the place of the wrong has little or no interest in compensation when none of the parties reside there.26 Ohio's interest in affording full recovery to its residents therefore governs.27
The Missouri limitation of damages does not apply.28