Court of Appeals of New York
249 N.E.2d 394 (1969)
Catharina Tooker, Marcia Lopez, and Susan Silk, all students at Michigan State University, were in an automobile accident in Michigan. Tooker and Lopez died; Silk was injured. Lopez, a domiciliary of New York, was driving. Her car was registered and insured in New York. Tooker was also a New York domiciliary, whereas Silk was domiciled in Michigan. Tooker’s father, Oliver P. Tooker, Jr., acting as administrator of Tooker’s estate (plaintiff), sued Lopez’s estate (defendant) for wrongful death in a New York court. Lopez’s representative raised as an affirmative defense Michigan’s guest statute, which required proof of willful misconduct or gross negligence to establish liability. The Special Term of the Supreme Court rejected the defense, concluding that New York law, not Michigan law, should apply. The Appellate Division reversed, citing Dym v. Gordon, 209 N.E.2d 792 (1965). Mr. Tooker appealed.
Rule of Law
Holding and Reasoning (Keating, J.)
Concurrence (Fuld, J.)
Dissent (Breitel, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 236,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,200 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.