36 N.E.3d 1181
Ind. Ct. App.2015Background
- Rexroad died after Maples, driving for Greenwood, lost control on Interstate 70 in Indiana while Rexroad’s tractor-trailer was being loaded onto a tow truck.
- Rexroad’s Illinois-resident family served as special administrators and sued Greenwood and Measel for negligence.
- Greenwood admitted fault but conditioned the admission on applying Indiana law.
- Trial court heard the choice-of-law issue and ultimately applied Indiana law; Greenwood then settled with Measel.
- Plaintiffs appealed the choice-of-law ruling in this interlocutory appeal; the court analyzes whether Indiana law should apply under Hubbard and Simon.
- The court affirms applying Indiana law, rejecting dépeçage and holding that Indiana law governs liability and damages under lex loci delicti.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Indiana law should apply to the tort and damages | Rexroad’s heirs argue Illinois law should apply for damages | Greenwood argues lex loci delicti and Indiana law apply | Indiana law applies |
Key Cases Cited
- Hubbard Manufacturing Co. Inc. v. Greeson, 515 N.E.2d 1071 (Ind. 1987) (establishes Indiana choice-of-law framework for torts and threshold important differences between laws)
- Simon v. U.S., 805 N.E.2d 798 (Ind. 2004) (overcomes lex loci delicti presumption only in rare cases; automobile torts follow the place of the tort)
- Seel v. State, 739 N.E.2d 170 (Ind. Ct. App. 2000) (cites de novo review of choice-of-law questions)