Heath v. Zellmer
Wisconsin Supreme Court
151 N.W.2d 664 (1967)
Facts
Eileen R. Meyer, an Ohio resident, was driving her father’s car that was owned, registered, and insured in Indiana, when she was involved in an accident in Wisconsin with John E. Zellmer, a Wisconsin driver, while her mother and sister, Louisa Meyer and LaVera Heath, Indiana residents, were passengers. Louisa and LaVera (plaintiffs) sued Zellmer (defendant) in state court in Wisconsin, and Zellmer impleaded Eileen and asserted a contribution claim in the event Eileen was also found to be causally negligent for Louisa and LaVera’s injuries. Eileen moved for summary judgment because she believed that Indiana law applied and required wanton or willful conduct for automobile-hoist liability—as opposed to Wisconsin law that required only ordinary negligence. Eileen’s motion was denied, and she appealed.
Rule of Law
Issue
Holding and Reasoning (Heffernan, J.)
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