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Cipolla v. Shaposka

439 Pa. 563, 267 A.2d 854 (1970)

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Cipolla v. Shaposka

Pennsylvania Supreme Court

439 Pa. 563, 267 A.2d 854 (1970)

Facts

Michael Cipolla (plaintiff) was injured in a car accident in which John Shaposka (defendant) was the driver. Cipolla resided in Pennsylvania. Shaposka resided in Delaware. The accident occurred in Delaware, where Cipolla and Shaposka went to school together, while Shaposka was driving Cipolla home. The car was registered in Delaware in the name of Shaposka’s father. Delaware had a guest statute that precluded a guest passenger from recovering for a host driver’s negligence but did permit recovery if the injury arose from the host’s intentional, willful, or wanton misconduct. Pennsylvania did not have a guest statute, and its law permitted a guest to recover for a host’s negligence. Cipolla and his parents filed suit in Pennsylvania state court asserting that Shaposka had been negligent. The trial court, applying Delaware’s guest statute, entered summary judgment in favor of Shaposka. Cipolla appealed.

Rule of Law

Issue

Holding and Reasoning (Cohen, J.)

Concurrence (Bell, J.)

Dissent (Roberts, J.)

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