Opinion
No. 81 Civ. 1872(MEL).
March 1, 1983.
Goldsmith Tabak, P.C., New York City, for plaintiff; T. Lawrence Tabak, New York City, of counsel.
Curtis, Mallet-Prevost, Colt Mosle, New York City, for defendant Reuben Hoppenstein, M.D.; Robin E. Eichen, New York City, of counsel.
This action for wrongful death arises from alleged medical malpractice of defendants in their treatment of Justine Haydu. Haydu, a long time resident of Connecticut, began to consult with Dr. Reuben Hoppenstein, a New York resident and practitioner, in June, 1979 concerning her back problems. Dr. Hoppenstein recommended surgery, and on July 19, 1979, Haydu underwent surgery at the Hospital for Joint Diseases Orthopaedic Institute in New York City. Later that day, Haydu was treated at the Beth Israel Medical Center, and, on the morning of July 20, 1979, she died.
Haydu's estate was admitted to probate in Connecticut, where her widower and children continue to reside.
Dr. Hoppenstein moves in limine for a ruling that New York law is applicable to the issue of damages. Arnold Haydu, the widower and executor of the estate of Justine Haydu, cross-moves for a ruling that Connecticut law is applicable.
Haydu argues that in wrongful death actions, the New York courts, whose conflicts of laws rules are binding on the Court in this diversity action, universally apply the damages rules of the state of the decedent's domicile. New York employs an "interest analysis" approach to conflicts questions in tort actions, and Haydu contends, the dominant interest in a wrongful death action, as recognized by the New York courts, is the interest of the state which will be responsible for the administration of the decedent's estate and the protection and care of the surviving family members.
Hoppenstein answers that New York is the state with the predominant interest because New York is concerned with limiting the liability of the defendants, all of whom are New York residents. Hoppenstein does not dispute Haydu's contention that most of the New York cases which have considered the question have in fact applied the law of the decedent's domicile. However, Hoppenstein distinguishes the cases relied on by Haydu on the grounds that (a) in most of those cases, the plaintiffs were New York residents, and New York's interest is in protecting its residents, regardless of whether they are plaintiffs or defendants; and (b) many of the cases utilized New York law on the grounds that the law of the other state in question was deemed by the New York courts to be against New York's public policy.
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Under Klaxon Co. v. Stentor Electric Manufacturing Co., 313 U.S. 487, 61 S.Ct. 1020, 85 L.Ed. 1477 (1941), a federal court adjudicating a diversity action applies the conflicts of laws rules utilized by the state in which the court sits. The New York conflicts rules look to the state which has the "superior interest" in the application of its laws to the issue at stake. See Rosenthal v. Warren, 475 F.2d 438, 442 (2d Cir.), cert. denied, 414 U.S. 856, 94 S.Ct. 159, 38 L.Ed.2d 106 (1973) citing Tooker v. Lopez, 24 N.Y.2d 569, 301 N.Y.S.2d 519, 249 N.E.2d 394 (1969).
Both Connecticut's interest in obtaining relief for its residents and New York's interest in limiting the liability of its doctors and hospitals are substantial. See Rosenthal, supra, 475 F.2d at 444. Although the superior interest test has undergone substantial development in wrongful death cases, no case has been found in which a New York court has determined whether New York's interest in limiting its residents' liability outweighs a sister state's interest in obtaining relief for its residents.
Hoppenstein is correct in noting that several of the leading cases have focused on New York's refusal to utilize a sister state's