[DOWNLOAD] "Alexander v. General Motors Corporation" by Supreme Court of Georgia # eBook PDF Kindle ePub Free

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eBook details

• Title: Alexander v. General Motors Corporation
• Author : Supreme Court of Georgia
• Release Date : January 25, 1996
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

Alexander was injured while driving in Virginia when the driver's seat of his General Motors vehicle, purchased new in Georgia, failed in a collision and caused him to be ejected from the vehicle. He sued General Motors in Georgia under a strict liability theory. The trial court granted partial summary judgment to General Motors, ruling that because the injuries occurred in Virginia, that state's substantive law would be applied. Because there is no strict liability action under Virginia law, the trial court dismissed those claims and permitted Alexander to amend the complaint to state a claim based on negligence under Virginia law. The Court of Appeals affirmed that judgment, concluding that since Virginia products liability law is not radically dissimilar to Georgia law and pursues similar public policy by different methods, it does not contravene Georgia public policy, and the ""public policy"" exception to the rule of lex loci delicti does not apply. 1 We granted Alexander's petition for certiorari to consider whether, since Virginia does not recognize recovery on the basis of strict liability, the application of the rule of lex loci delicti would contravene the public policy embodied in OCGA § 51-1-11. For the reasons stated below, we conclude that the rule of lex loci delicti should not be applied, and reverse the contrary decision of the Court of Appeals. The opinion by the Court of Appeals correctly states the choice of law principles applicable to this case, including the public policy exception to the rule of lex loci delicti. However, the conclusion in that opinion that ""Virginia products liability law is not radically dissimilar to Georgia law but rather pursues a similar public policy by somewhat different methods,"" misses the crucial point that Georgia's public policy of shifting to manufacturers the burden of loss caused by defective products is effectuated by precisely those ""somewhat different methods.""

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