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Eby v. Thompson4/20/2005
s including:
(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 weighed relatively given their importance to the particular issue.
REC's alleged failure to maintain its rental equipment, its rental agreement with Mr. Gove and its Maryland incorporation and principal place of business are the only factors that connect this action to Maryland. These factors, which only relate to one Defendant, are not enough to outweigh Delaware's connection to this matter.
First, and most importantly, the only connection between the Plaintiffs and the Defendants named in this action is an automobile accident that occurred on a Delaware roadway.
Generally, in actions for personal injury , the law of the State where the injury occurred applies.
Second, the conduct causing the injury may have occurred in Maryland or Delaware, depending on the jury's determinations of liability. Third, the Plaintiffs and at least one other Defendant are residents of Delaware. REC is the only Maryland corporation requesting that Maryland law apply. Finally, the relationship between the parties in this action centers on the accident that occurred in Delaware. A balance of these factors leaves Delaware with the most significant relationship to this accident and an overriding interest in ensuring that its residents are adequately compensated for any injuries they suffer on Delaware highways. Applying Maryland law to the Plaintiffs' action would unjustly strip Delaware residents of their full rights of recovery. The Court considers these factors to be the relevant and integral connections to Delaware, thereby establishing the proper application of Delaware law. For the foregoing reasons, the motion is DENIED.
Very truly yours,
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