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Hoeller v. Riverside Resort Hotel5/21/1991
., 108 Idaho 798, 702 P.2d 836 and rule that this Court must apply Nevada law as to the issue of liability of the Defendants.
The Court, in making this ruling is well aware of many facts which are not clear in the record of this case. The symbiotic relationship which exists between Bullhead City, Arizona and Laughlin, Nevada is well known to all. The gambling industry has experienced phenomenal growth on the Nevada side of the river, while a few hundred yards away Bullhead City has also experienced explosive growth, especially in the residential and commercial area. Bullhead City acts as a supply center and bedroom community for the population related to the casinos in Laughlin, Nevada and is the residence of many of their employees. The airport which serves the area is located in Arizona and is presently undergoing expansion to allow large jet aircraft to operate from it.
The trial court entered formal judgment in favor of the casino in accordance with its ruling. The Hoellers timely appealed. We have jurisdiction pursuant to A.R.S. § 12-2101(B).
ANALYSIS
In Schwartz v. Schwartz, 103 Ariz. 562, 565, 447 P.2d 254, 257 (1968), overruled on other grounds, Fernandez v. Romo, 132 Ariz. 447, 646 P.2d 878 (1982), the Arizona Supreme Court adopted the "grouping of contacts" or "most significant relationship" approach of the 1968 draft of the Restatement (Second) of Conflict of Laws as the rule for determining choice of law issues in multi-state tort litigation. Later Arizona cases have consistently followed the multi-factor analysis encompassed by §§ 6(2), 145 and 146 of the Restatement (Second) of Conflict of Laws (1971) ("Restatement") in resolving such issues. E.g., Bates v. Superior Court, 156 Ariz. 46, 49-51, 749 P.2d 1367, 1370-72 (1988); Wendelken v. Superior Court, 137 Ariz. 455, 457-60, 671 P.2d 896, 898-901 (1983); Ambrose v. Illinois -California Express, Inc., 151 Ariz. 527, 529-31, 729 P.2d 331, 333-35 (App.1986).
Restatement § 6 lists the general factors to be considered in resolving all choice of law questions. It states:
(1) A court, subject to constitutional restrictions, will follow a statutory directive of its own state on choice of law.
(2) When there is no such directive, the factors relevant to the choice of the applicable rule of law include
(a) the needs of the interstate and international systems,
(b) the relevant policies of the forum,
(c) the relevant policies of other interested states and the relative interests of those states in the determination of the particular issue,
(d) the protection of justified expectations,
(e) the basic policies underlying the particular field of law,
(f) certainty, predictability and uniformity of result, and
(g) ease in the determination and application of the law to be applied.
Restatement § 145 sets forth general standards with reference to which the seven factors listed in Restatement § 6(2) are to be considered in tort cases. It provides:
(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 p
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