Legal Opinion

Mills v. Hoflich

District Court, W.D. Oklahoma

Decided April 23, 1971No. 70-453PublishedCited by 1 opinion

1Opinion of the Court

ORDER

DAUGHERTY, District Judge.

Defendant has moved for summary judgment on the grounds that Plaintiff’s action is governed by Texas laws, where the accident occurred, and that her action is barred by the Texas “Guest Statute”, Vernon’s Ann.Civ.St.Tex. art. 6701b. 1 Plaintiff argues that whether she was a guest within the meaning of this statute is a question of fact not determinable on Defendant’s Motion and further that such statute is not the law applicable to this case.

Whether the question of fact alluded to by Plaintiff is present depends on the law of the case. The Oklahoma conflicts…

2Cases cited9 opinions

  1. Kilberg v. Northeast Airlines, Inc.New York Court of Appeals · 1961
  2. Marilyn W. Pearson, as Administratrix of the Goods, Chattels and Credits of John S. Pearson, Deceased v. Northeast Airlines, Inc.Court of Appeals for the Second Circuit · 1962
  3. Cherokee Laboratories, Inc. v. RogersSupreme Court of Oklahoma · 1965
  4. Burt v. LochausenCourt of Appeals of Texas · 1951
  5. Gochenour v. St. Louis-San Francisco Ry. Co.Supreme Court of Oklahoma · 1952

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3Cited by1 opinion

  1. Dorothy R. Mills v. Helmut HoflichCourt of Appeals for the Tenth Circuit · 1972

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