Folk v. York-Shipley, Inc. Case Brief Summary | Law Case Explained

Get more case briefs explained with Quimbee. Quimbee has over 45,900 case briefs (and counting) keyed to 984 casebooks ► www.quimbee.com/case-briefs-o...
Folk v. York-Shipley, Inc., 239 A.2d 236 (1968)
Suppose a Delaware resident is injured in an auto accident in Pennsylvania and sues the other driver for negligence in Delaware. Which state’s law will the court apply? Historically, the law of the place of injury governed. In Folk versus York-Shipley Incorporated, an accident victim’s wife tried to evade this rule by arguing that her particular injury occurred elsewhere.
Robert Folk, a Delaware resident, was driving a tractor trailer in Pennsylvania when he collided with another tractor trailer owned by York-Shipley and driven by a York-Shipley employee. Robert suffered serious injuries in the accident.
Robert and his wife, Donna, sued York-Shipley, a Delaware corporation, in Delaware Superior Court. Robert asserted a personal-injury claim, and Donna alleged a claim for loss of consortium. The parties agreed that Pennsylvania substantive law governed Robert’s claim because the collision happened in Pennsylvania. The parties also agreed that Pennsylvania law didn’t recognize loss-of-consortium claims, but Delaware law did.
York-Shipley moved to dismiss Donna’s claim on the ground that the applicable law didn’t permit loss-of-consortium claims. The trial court granted the motion. Donna appealed to the Delaware Supreme Court.
Want more details on this case? Get the rule of law, issues, holding and reasonings, and more case facts here: www.quimbee.com/cases/folk-v-...
The Quimbee App features over 45,900 case briefs keyed to 984 casebooks. Try it free for 7 days! ► www.quimbee.com/case-briefs-o...
Have Questions about this Case? Submit your questions and get answers from a real attorney here: www.quimbee.com/cases/folk-v-...
Did we just become best friends? Stay connected to Quimbee here:
Subscribe to our CZcams Channel ► czcams.com/users/subscription_...
Quimbee Case Brief App ► www.quimbee.com/case-briefs-o...
Facebook ► / quimbeedotcom
Twitter ► / quimbeedotcom
#casebriefs #lawcases #casesummaries