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Grant v. McAuliffe

Supreme Court of California
41 Cal. 2d 859, 264 P.2d 944 (1953)



William P. Grant and two others (plaintiffs) were injured when their vehicle collided with a car driven by W.W. Pullen. The accident occurred in Arizona but those involved were all California residents. Pullen died a few weeks after the collision, and a California court appointed McAuliffe administrator of his estate (defendant). Plaintiffs then filed a tort suit in a California court against Pullen’s estate for their injuries. Applying Arizona law, the court dismissed their suit on the grounds that negligent tort actions could not be brought after the death of the tortfeasor. California law, on the other hand, contained survival statutes allowing actions against a tortfeasor’s estate to survive the tortfeasor’s death. Plaintiffs appealed.

Rule of Law


Holding and Reasoning (Traynor, J.)

Dissent (Schauer, J.)

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