Baker v. Young

*896Justice ERICKSON

respectfully dissenting:

The certified question in this case arose out of a federal diversity action, 28 U.S.C. § 1332(a)(2) (1988), wherein plaintiff-appellant Marjorie Baker filed an amended complaint in Colorado federal district court sounding in tort and seeking damages for personal injuries sustained in a September 4, 1981, automobile accident. Baker alleged that the other vehicle involved in the accident was rented by defendant Glyniss Jane Gartside from Budget Rent-A-Car Systems and was driven by defendant Elizabeth Young. Both defendants are Australia residents and…