Section 58 Tort

• Library: Damages 2012

Before 1969, Missouri followed the lex loci delicti rule in conflicts cases whereby all substantive questions were determined according to the law of the state where a tort occurred, and procedure was governed by the law of the forum. In Kennedy v. Dixon, 439 S.W.2d 173, 184 (Mo. banc 1969), the Supreme Court of Missouri abandoned the lex loci delicti rule in favor of the rule set forth in § 145 of the proposed official draft of Restatement (Second) of Conflict of Laws (1968), now with minor change, Restatement (Second) of Conflict of Laws § 145 (1971).

Section 145 states:

(1) The rights and liabilities of the parties with respect to an issue in tort are determined by the local law of the state which, with respect to that issue, has the most significant relationship to the occurrence and the parties under the principles stated in § 6.

(2) Contacts to be taken into account in applying the principles of § 6 to determine the law applicable to an issue include:

(a) the place where the injury occurred,

(b) the place where the conduct causing the injury occurred,

(c) the domicile, residence, nationality, place of incorporation and place of business of the parties, and

(d) the place where the relationship, if any, between the parties is centered.

These contacts are to be evaluated according to their relative importance with respect to the particular issue.

The Court in Kennedy, 439 S.W.2d 173, further noted that the new rule for the choice of law would make the judicial task more difficult until additional cases have been established, but there will no longer be a mere mechanical determination of where the wrong occurred. The Court also noted that there may occasionally be factual situations in which it will be difficult to establish clearly that a particular state has the most significant relationship as to a...