John M. Kirby
Guest Statute -- Choice of Law -- Public Policy -- Mosqueda v. Mosqueda
In a case from Greensboro, residents of North Carolina were injured in an automobile accident in Alabama, caused by the driver of the vehicle in which they were passengers. Alabama has a "guest statute," which prevents a guest in a vehicle from suing the driver of the car. (North Carolina does not have such a guest statute.) The court held that the Alabama guest statute applied, and the claims of the passengers were barred. The court rejected an argument that the Alabama guest-passenger statute violated North Carolina public policy. Mosqueda v. Mosqueda (January 17, 2012).
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