McCann v. Somoza

MEMORANDUM DECISION

CHIN, District Judge.

In this diversity action arising out of an automobile accident that occurred in Connecticut, plaintiff Maryann E. McCann (“McCann” or “plaintiff’) moves for an order declaring that the threshold contained in Connecticut’s no-fault statute governs her right to seek recovery for non-economic losses, such as pain and suffering. Defendants Gregory D. Somoza and Miguel G. Somoza (together, the “Somozas” or “defendants”) cross-move for a declaration that New York law governs this issue. For the reasons set forth below, I hold that the law of Connecticut…