(DOWNLOAD) "Olan Byrn and Betty L. Byrn v. American" by Missouri Court of Appeals St. Louis District " eBook PDF Kindle ePub Free
eBook details
- Title: Olan Byrn and Betty L. Byrn v. American
- Author : Missouri Court of Appeals St. Louis District
- Release Date : January 22, 1977
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
In this rather classic conflict of laws or, if preferred, choice of laws case, we are confronted with the issue of whether to apply the Iowa guest statute or Missouri tort law. Judy Lynn Byrn a Missouri resident, was a passenger in a car owned and operated by Robert W. Anderson, an uninsured motorist and an Iowa resident. The car left the road and struck an embankment and a utility pole in the State of Iowa. Judy Byrn and Anderson died as a result of the accident. This action was instituted by the guardians of Judy Byrn's sole surviving child, Brian M. Byrn, in an attempt to recover from defendant, American Universal Insurance Company, the maximum coverage provided under the uninsured motorist provision of the insurance policy issued by the defendant to Judy Byrn. The pertinent portion of the uninsured motorist provision provides that the ""company will pay all sums which insured or legal representative shall be legally entitled to recover as damages from the owner or operator of an uninsured automobile because of bodily injury . . . including death resulting therefrom . . . sustained by insured, caused by accident and arising out of the ownership, maintenance or use of such uninsured automobile . . . ."" (emphasis added) The trial court granted summary judgment in favor of the insurance company, holding that the Iowa guest statute, ( § 321.494 Iowa Code, 1975), which provides that an owner or operator of a car will not be liable for damages to a guest unless, inter alia, such damage was caused as a result of the reckless operation by him of such motor vehicle, was applicable and barred recovery on the facts as stipulated in this case. The plaintiffs appeal, contending that the Iowa guest statute should not be applied in this case. They argue that Missouri's ordinary negligence law should be applied thereby entitling them to recovery. The case was tried before the trial court upon stipulated facts. The parties agreed that Robert Anderson was a resident of Iowa; that his car was registered in Iowa; and that the accident occurred in Iowa. They also agreed that the guest-host relationship was created in Iowa; that Robert Anderson was an uninsured motorist as defined in the insurance policy; and that the accident resulted from his negligence. It was agreed that Mr. Anderson's conduct was not reckless and wanton as contemplated by the Iowa guest statute. Finally, it was stipulated that Judy Byrn and her son were residents of Missouri and that the damages for the wrongful death of Judy Byrn exceed $10,000, which is the limit the defendant's liability under the policy.
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