Paul v. National Life
Supreme Court of Appeals of West Virginia
352 S.E.2d 550 (1986)
West Virginia residents Vickers and Paul died in a car accident while traveling in Indiana, and Paul's estate (plaintiff) sued Vickers's estate and its insurer (defendants) in West Virginia; the defendants argued Indiana's guest statute, requiring proof of willful and wanton misconduct for passenger-liability claims against noncommercial drivers, should govern under the traditional lex loci delicti rule since the accident occurred in Indiana. The trial court agreed and granted summary judgment for the defendants, and Paul's estate appealed, urging the court to abandon lex loci delicti for a more modern conflicts approach.
Whether the doctrine of lex loci delicti requires application of a foreign state's guest statute even if contrary to the forum state's strong public policy.