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Phillips v. General Motors Corp.3/7/2000
CERTIFIED QUESTION: United States District Court, District of Montana.
Submitted and Argued: January 20, 2000
Clerk
1. The United States District Court for the District of Montana, Missoula Division, has certified the following questions to this Court pursuant to Rule 44, M.R.App.P.
2. . Whether, in a personal injury /product liability/wrongful death action, where there is a potential conflict of laws, Montana will follow the Restatement (Second) of Conflict of Laws, including the "most significant relationship" test set forth in ยงยง 146 and 6, in the determination of which state's substantive law to apply?
3. . Given the facts of this case, which state's law applies to plaintiff's various tort and damages claims under Montana's choice of law rules?
4. . Does Montana recognize a "public policy" exception that would require application of Montana law even where Montana's choice of law rules dictate application of the laws of another state, and would such an exception apply in this case?
5. Our response to the certified questions can be simply stated. We adopt the Restatement (Second) of Conflict of Laws for tort actions. Under the analysis contained in the Restatement (Second) of Conflict of Laws, we conclude that given the facts as presented in the District Court's Order, the laws of Montana apply. Lastly, considerations of public policy are accounted for under the analysis contained in the Restatement (Second) of Conflict of Laws.
FACTUAL BACKGROUND
6. In its Order certifying these questions to the Supreme Court of Montana, the District Court submitted a statement of agreed facts. We stated in our Order accepting the certified questions that the facts of this case are restricted to those set forth in the certifying order. The following facts have been agreed upon by the parties for purposes of certification:
7. The vehicle which is the subject of this action was a 1985 Chevrolet pickup. The vehicle was originally sold by General Motors in North Carolina. Darrell Byrd subsequently purchased the pickup in or about February 1995 from Mike's Wholesale Cars in Newton, North Carolina. In doing so, he supplied a North Carolina address. The 1985 Chevrolet pickup truck was designed, tested, manufactured, and distributed by General Motors. The subject vehicle had fuel tanks mounted outside the frame rail.
8. On December 22, 1997, Darrell Byrd was driving with his family in the 1985 Chevrolet pickup truck from their home near Fortine, Montana, where Darrell Byrd was employed and where Timothy and Samuel Byrd attended school. The purpose of the trip was to spend Christmas vacation with family in North Carolina. The Byrds were domiciled in Montana before and at the time of the 1997 accident.
9. The wreck and fire which form the basis of this action occurred on December 22, 1997, on Interstate 70 near Russell, Kansas. A 1997 International semi-tractor trailer driven by Betty J. Kendall collided with the subject 1985 Chevrolet pickup truck driven by Darrell Byrd. A fire ensued. Darrell, Angela, and Timothy Byrd died. Samuel Byrd sustained personal injuries which required emergency treatment and hospitalization.
10. Before and at the time of the 1997 accident, Samuel, Timothy, Darrell, and Angela Byrd were Montana residents. The deceased, Darrell and Angela Byrd, were respectively the father and mother of the deceased, Timothy Byrd. Timothy was 13 years of age at the time of his death. Samuel Byrd, who survived the accident is also the son of the deceased, Darrell and Angela Byrd, and was 11 years old at the time of the 1997 accident.
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