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Foster v. Leggett
Kentucky Court of Appeals
484 S.W.2d 827 (1972)
Facts
John Leggett (defendant) was the driver of a car that crashed, killing Helen Stringer. Stringer lived and worked in Kentucky. Leggett worked with Stringer in Kentucky but resided primarily in Ohio. Leggett voted in Ohio, paid taxes in Ohio, held an Ohio driver’s license, and did his banking and other personal business in Ohio. However, Leggett also rented a room near his job in Kentucky, where he would stay, on average, two nights per week. On the day of the accident, Stringer and Leggett took a day trip from Kentucky into Ohio, with the intention of returning to Kentucky at the end of the day. The accident occurred in Ohio. Carole Foster (plaintiff), the administratrix of Stringer’s estate, filed suit in Kentucky state court asserting a claim for wrongful death against Leggett. In response, Leggett contended that the claim was barred by Ohio’s guest statute, which permitted passengers in noncommercial vehicles to recover damages against drivers only if they were injured or killed as a result of the driver’s willful and wanton misconduct. The trial court granted summary judgment in favor of Leggett. Foster appealed.
Rule of Law
Issue
Holding and Reasoning (Walden, J.)
Dissent (Reed, J.)
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