PAUL DOLAN AND KATHLEEN DOLAN, HIS WIFE, PLAINTIFFS-RESPONDENTS, v. SEA TRANSFER CORP., JOSE E. GONZALEZ, HOWLAND HOOK CONTAINER TERMINAL, INC., HAPAG-LLOYD (AMERICA), INC., DEFENDANTS, AND HAPAG-LLOYD, AG., DEFENDANT-APPELLANT., 398 N.J. Super. 313

Summary

Plaintiff was injured as a result of defendant's truck driver failing to properly secure a container to the chassis of his tractor-trailer. The container dislodged from the trailer, and plaintiff's vehicle collided head-on with the same. On appeal, defendant challenged the trial court's decision to apply State of New York law to the case. The court reviewed the choice-of-law principles applicable to vehicular accidents that had connections to both New Jersey and New York and upheld the trial court's ruling. The court noted that the primary act of negligence occurred in New York, when the New York truck driver failed to properly secure the container to the chassis, before setting out from a New York terminal to deliver defendant's container to New York. The only reason the truck driver traveled through New Jersey was to avoid New York traffic. The court held that New York's interest in fully compensating accident victims and promoting traffic safety predominated over New Jersey's ...