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Owen v. Owen
South Dakota Supreme Court
444 N.W.2d 710 (1989)
Vicki Owen (plaintiff) was injured in an accident while a passenger in a car driven by her husband, Ronald Owen (defendant). The accident occurred in Indiana. At the time of the accident, the Owens were domiciliaries of South Dakota but temporarily living in Indiana. Vicki filed suit in South Dakota state court. Indiana law included a guest statute, which barred a passenger from recovering against a driver unless the passenger proved that the accident was caused by the driver’s “wanton or willful misconduct.” South Dakota did not have a guest statute. Applying the law of Indiana, as the state where the injury occurred, the trial court dismissed Vicki’s claim, holding that it was barred by the Indiana guest statute.
Rule of Law
Holding and Reasoning (Morgan, J.)
Concurrence (Miller, J.)
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