Moon v. Plymouth Rock Corp

In Moon v. Plymouth Rock Corp. (180 Misc 2d 676, 693 N.Y.S.2d 809 [Sup Ct Queens County 1999]), plaintiff, a New York resident, was injured on Connecticut highway when a truck owned by defendant New York corporation, splashed slush onto his windshield, causing him to loose control of his vehicle. The court found that the statute governing fenders and wheel protectors, was conduct-regulating, therefore the law of Connecticut, the situs of the accident, applied to the issues of defendant's duty of care to other drivers. With respect to the issue of comparative negligence, the court found that this was the question of loss allocation, and New York, the domicile of the plaintiff and the state of incorporation of defendant, had a greater interest, and therefore, New York statute was applicable to this issue.