FIRST NAT. BANK IN ALBUQUERQUE v. Benson

I respectfully dissent.

The facts of this case, in my opinion, point out most effectively the illogicalities of the lex loci delicti rule. New Mexico’s sole connection with this matter and the parties involved therein is the entirely fortuitous circumstance that the accident occurred here. Therefore, a recital of the pertinent facts is made necessary.

On October 30, 1971, two couples, Mr. and Mrs. Walter F. Murphy and Mr. and Mrs. William R. Benson, all domiciliaries of Missouri, were returning to that state after attending a business convention in Las Vegas, Nevada. They flew a private plane…