Gagne v. Berry

The sole issue to be determined is whether the rights of guests in automobiles are to be decided by the law of Massachusetts under which a host is liable only if the injuries are caused by gross negligence or by the law of New Hampshire under which a guest may recover if the injuries are caused by the host’s lack of ordinary care under the circumstances. The issue presents a true conflict. Taylor v. Bullock, 111 N.H. 214, 279 A.2d 585 (1971).

On March 11, 1968, the defendant Ashman L. Berry, Sr., of Northboro, Massachusetts, was the operator of an automobile which was in collision in…