Neumeier v. Kuehner

In Neumeier, the Court of Appeals of New York considered yet another car-accident-in-Ontario case. Neumeier, a resident of Ontario, was killed in a car driven by Keuhner, a resident of New York. The deceased’s wife brought an action against Keuhner’s estate in New York state court. The defendant argued that the claim was barred by Ontario’s guest statute, and the trial court agreed. The appellate court reversed, and the Court of Appeals took the case.

Look at who wrote the majority opinion for both cases and the years they were decided. Judge Fuld of the Court of Appeals of New York was a part of what academics call the “revolution” in choice-of-law during the 60s and 70s. (Point taken that this is definitely not the most important or interesting revolution happening during this time period.)

Neumeier is an application of the Second Restatement Choice of Law in a more complex factual pattern than what is in Babcock. The court determines that both Ontario and New York have interests here - to protect their domiciliaries. Note how it contends with this and other policy considerations.