Heath and Others, Plaintiffs and Respondents v. Zellmer and Another, Defendants and Respondents: Meyer and Another…

Summary

The Wisconsin Supreme Court held that Wisconsin law, not Indiana's guest statute, governs the standard of care in a two-car accident occurring in Wisconsin involving an Indiana host-driver and her guests. Adopting Leflar's five choice-influencing considerations, the court found a true conflict between Indiana's 'wanton or wilful' guest standard and Wisconsin's ordinary-negligence rule, and resolved it in favor of forum law because Wisconsin's governmental interests were furthered and its law was the 'better law.' The order denying summary judgment to the impleaded defendants was affirmed and the cause remanded.