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Folk v. York-Shipley, Inc.

Delaware Supreme Court

239 A.2d 236 (1968)

Facts

The husband of Donna Folk (plaintiff) was injured in a vehicle collision with a truck owned by York-Shipley, Inc. (defendant). The collision took place in Pennsylvania. Folk and York-Shipley were both domiciled in Delaware. Folk asserted a claim in Delaware state court for loss of consortium arising from her husband’s injuries. The trial court granted partial summary judgment in favor of York-Shipley, holding that Folk’s claim was barred by the substantive law of Pennsylvania, which, as the location of the collision, governed and did not permit a claim for loss of consortium.

Rule of Law

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Holding and Reasoning (Wolcott, C.J.)

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