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Lessard v. Clarke and Lambert v. Clarke
NOTICE: This opinion is subject to motions for rehearing under Rule 22 as well as formal revision before publication in the New Hampshire Reports. Readers are requested to notify the Clerk/Reporter, Supreme Court of New Hampshire, Supreme Court Building, Concord, New Hampshire 03301, of any errors in order that corrections may be made before the opinion goes to press. Opinions are available on the Internet by 9:00 a.m. on the morning of their release. The direct address of the court's home page is: http://www.state.nh.us/courts/supreme.htm
THE SUPREME COURT OF NEW HAMPSHIRE
Coos
No. 98-321
REJEAN LESSARD
v.
RUTH MARY CLARKE
LUCIEN LAMBERT, ADMINISTRATOR OF THE ESTATE OF FRANCOISE LAMBERT
v.
RUTH MARY CLARKE
May 14, 1999
Perkins, Phillips & Puckhaber, P.A., of Concord (Roger B. Phillips on the brief and orally), for the plaintiffs.
Orr & Reno, P.A., of Concord (Jill K. Blackmer & a. on the brief, and Ms. Blackmer orally), for the defendant.
PER CURIAM. The plaintiffs, Rejean Lessard and Lucien Lambert as administrator of the estate of Francoise Lambert, bring this interlocutory appeal from an order of the Superior Court (Smith, J.), see Sup. Ct. R. 8, holding that Ontario law applies to the issue of damages resulting from a motor vehicle accident. We affirm and remand.
The pertinent facts follow. On July 12, 1994, Rejean Lessard and Francoise Lambert were involved in a motor vehicle accident with the defendant, Ruth Mary Clarke, in Shelburne, New Hampshire. The plaintiffs filed suit, alleging that the defendant's car crossed the solid yellow line and collided head on with the plaintiffs' motorcycle, killing Lambert and seriously injuring Lessard. All parties involved in the accident were residents of Ontario, Canada. Both the motorcycle and the automobile involved in the accident were registered in Ontario.
At the time of the accident, Ontario had a no-fault insurance system which the parties agree would provide less potential benefits to the plaintiffs than New Hampshire damages law. The defendant filed a motion regarding choice of law, arguing that Ontario law should apply to the issue of damages. The superior court granted the defendant's motion, and the plaintiffs brought this interlocutory appeal.
Conflict of law cases are governed by the choice-influencing considerations we adopted in Clark v. Clark, 107 N.H. 351, 222 A.2d 205 (1966). See Ferren v. General Motors Corp., 137 N.H. 423, 425, 628 A.2d 265, 267 (1993).
file:///C|/Users/Peter/Desktop/Opinions/lessard.htm[4/23/2013 7:15:12 PM] Lessard v. Clarke and Lambert v. Clarke
These considerations are: (1) predictability of results; (2) maintenance of reasonable orderliness and good relationship among the States in our federal system; (3) simplification of the judicial task; (4) advancement by the court of its own State's governmental interests rather than those of other States; and (5) the court's preference for what it regards as the sounder rule of law.
Id. "Obviously, some of them will be more relevant to some types of cases, less to other types." Clark, 107 N.H. at 353-54, 222 A.2d at 208. We review each consideration in turn.
"Predictability of results relates primarily to consensual transactions, in which it is important that parties be able to know in advance what law will govern a transaction so that they can plan it accordingly." LaBounty v. American Insurance Co., 122 N.H. 738, 742, 451 A.2d 161, 163 (1982) (quotation omitted). This consideration has little relevance in accident cases because they are not planned. See Clark, 107 N.H. at 354, 222 A.2d at 208. The plaintiffs argue that had the parties sought advice of counsel prior to traveling, they would have discovered that Ontario's choice of law analysis follows lex loci delicti, the law of the place of the wrong. The defendant argues that had the parties considered the possibility of an accident and its repercussions, their expectations would have predicted the application of Ontario law. We conclude that there are no reasonable expectations of the parties to be protected through application of either jurisdiction's law. It is doubtful that the parties considered this matter at all.
A second consideration, the maintenance of reasonable orderliness and good relationship among the States in our federal system, requires no more "than that a court apply the law of no state which does not have substantial connection with the total facts and with the particular issue being litigated." Clark, 107 N.H. at 354, 222 A.2d at 208. This consideration focuses on the relationship among the States in our federal system. Ontario is a province of Canada. The parties, however, do not contest whether this consideration is applicable to this case. Assuming without deciding whether this consideration is applicable in an international case, we conclude that it favors the application of Ontario law.
The plaintiffs argue that New Hampshire has the most substantial connection with the total facts of this case and with the particular issue being litigated because: (1) the accident occurred within the State; (2) New Hampshire police officers and rescue personnel responded to the accident scene; and (3) the post-accident investigations were conducted by State authorities. We disagree. These facts go to the issue of liability, not damages. Other than the fortuitous occurrence of the accident within New Hampshire, the plaintiffs fail to show a substantial connection between New Hampshire and the parties on the issue of damages. In comparison, Ontario is where all the individuals involved in the accident reside, where both vehicles were registered, where the decedent Lambert's estate is situated, and where plaintiff Lessard continues to receive medical treatment and benefits. Accordingly, we conclude that this consideration favors the application of Ontario law.
A third consideration is the simplification of the judicial task. The plaintiffs argue that due to the complexity of Ontario damages law, the simplification of the judicial task is furthered by applying New Hampshire law. The plaintiffs point out that the record contains an affidavit by the defendant's own Canadian counsel which states that "the Ontario no

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