Thomas v. Hanmer
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Green, J.
We must decide whether the availability of relief in this negligence action is governed by the law of the State of New York which permits a plaintiff to recover for pain and suffering for “serious injury” (Insurance Law § 5104 [a]), or by the law of the Province of Quebec, Canada, which restricts recovery to economic loss (Quebec Rev Stats 1977, ch 68; Automobile Insurance Act §§ 4, 44). Stated another way, should the parties be restricted to the traditional rule of lex loci delicti or the more just, fair and practical result that may be achieved by giving…
2Cases cited16 opinions
- Babcock v. JacksonNew York Court of Appeals · 1963
- Auten v. AutenNew York Court of Appeals · 1954
- Montgomery v. DanielsNew York Court of Appeals · 1975
- Neumeier v. KuehnerNew York Court of Appeals · 1972
- Bing v. ThunigNew York Court of Appeals · 1957
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3Cited by20 opinions
- O'Connor v. O'ConnorSupreme Court of Connecticut · 1986
- State Farm Mutual Automobile Insurance v. GilletteWisconsin Supreme Court · 2002
- Amiot v. AmesSupreme Court of Vermont · 1997
- Doctor v. Pardue, Texas Court of Appeals, 1st District (Houston)2006
- Morgan Guar. Trust Co. of NY v. Garrett Corp.District Court, S.D. New York · 1986
15 more not listed; retrieve them via the Exa API.