Northwest Pipe Co. v. Eighth Judicial District Court of the State of Nevada

Agosti, J., with whom Leavitt, J., agrees,

dissenting:

I would grant the petition for a writ of mandamus. I disagree with the test enunciated in Motenko v. MGM Dist., Inc.1 I would *137apply the significant relationship test of the Restatement (Second) of Conflict of Laws § 175 (1971) which states the following:

In an action for wrongful death, the local law of the state where the injury occurred determines the rights and liabilities of the parties unless, with respect to the particular issue, some other state has a more significant relationship under the principles stated in § 6 to the occurrence…