Legal Opinion
Dym v. Gordon
New York Court of Appeals
Decided July 9, 1965PublishedCited by 90 opinions
1Opinion of the CourtBurke, J.
The plaintiff, a guest in the defendant driver’s automobile, seeks to recover damages against her host for injuries which concededly were the result of ordinary negligence in its operation. Both the plaintiff and defendant are New York domiciliaries and if the accident had occurred here the defendant would doubtless be liable. However, the accident and negligent conduct took place in the State of Colorado, a jurisdiction which has enacted a “guest statute”1 barring a guest’s recovery against the host unless “willful and wanton disregard” of safety can be shown. The trial court, professedly…
2Cases cited4 opinions
- Loucks v. . Standard Oil Co.New York Court of Appeals · 1918
- Alaska Packers Assn. v. Industrial Accident Comm'n of Cal.Supreme Court of the United States · 1935
- American Banana Co. v. United Fruit Co.Supreme Court of the United States · 1909
- Mertz v. MertzNew York Court of Appeals · 1936
3Cited by90 opinions
- Cooney v. Osgood Machinery, Inc.New York Court of Appeals · 1993
- Padula v. Lilarn Properties Corp.New York Court of Appeals · 1994
- Milkovich v. SaariSupreme Court of Minnesota · 1973
- Mellk v. SarahsonSupreme Court of New Jersey · 1967
- O'Connor v. O'ConnorSupreme Court of Connecticut · 1986
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