New Jersey Law Applies In Alleged Tire Defect Case Even Though Incident Occurred In Illinois
In a case in which the plaintiff alleged that the manufacturer of a tire was negligent in the design and manufacture of a tire that blew out on an Illinois highway, the U.S. District Court for the District of New Jersey determined that New Jersey law, and not Illinois law, applies. Under Illinois law, the plaintiff’s non-use of a seat belt would be excluded, but under New Jersey law, such evidence would be permitted. The plaintiff was domiciled in New Jersey, the accident occurred in Illinois (where the plaintiff had been living for a semester in school), and the tire was manufactured in Mississippi. Despite the fact that New Jersey choice of law rules give a presumption in tort cases to the situs of the accident (Illinois), the court held that New Jersey’s interest in applying New Jersey law is stronger: “Plaintiff is a New Jersey domiciliary who brought the case in New Jersey state court, alleging violations of New Jersey statutes. New Jersey’s contacts to the litigation are directly related to the policies underlying its law of seat belt use, as the policy involves both the safety and the recovery rights of its citizens.”
