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Grant v. McAuliffe

Supreme Court of California

264 P.2d 944 (1953)

Relevant factsFree

Grant and others (plaintiffs), all California residents, were injured in a car accident in Arizona caused by Pullen, who died shortly afterward; a California court appointed McAuliffe as administrator of Pullen's estate (defendant), and the plaintiffs sued the estate in California. Applying Arizona's substantive tort law (which barred suits against a deceased tortfeasor entirely) alongside its procedural rule barring such suits, the trial court dismissed, even though California's own survival statutes would have allowed the suit to proceed against Pullen's estate.

IssueFree

Whether survival statutes must necessarily be classified as "substantive" law, subjecting them to application of the foreign jurisdiction's law where a tort occurred outside the forum state.

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