CONFLICT OF LAWS - WORKMEN'S COMPENSATION - LOCAL STATUTE AS A DEFENSE TO A LOCAL CAUSE OF ACTION

Authors

John C. Johnston, University of Michigan Law SchoolFollow

Abstract

Plaintiff resided and was employed in Texas as the manager of a local store owned by a corporation which operated a chain of stores in various states. While visiting the main office of his employer in Illinois, he was injured through the negligence of the defendant taxicab company. After applying for and receiving compensation from his employer under the Workmen's Compensation Law of Texas, plaintiff then brought action in Illinois against defendant to recover damages for his personal injuries. Under the Workmen's Compensation Act of Texas an employee who has received compensation under the act may bring an action against a third party tortfeasor to recover an amount in excess of compensation paid. However, the Illinois Workmen's Compensation Act provides that the employee's right of action against a third party shall be transferred to his employer by way of reimbursement when the third party is one who is also operating under the terms of the act. Defendant claimed that all three parties were under the Illinois law at the time of injury, and that plaintiff could not maintain this action in view of the statute. Defendant had judgment on the pleadings, and plaintiff appealed. Held, judgment reversed. Plaintiff's rights are to be determined by the law of Texas, and there is nothing in the public policy of Illinois which would be opposed to the maintenance of this action. Miller v. Yellow Cab Co., 308 Ill. App. 217, 31 N. E. (2d) 406 (1941).

Recommended Citation

John C. Johnston, CONFLICT OF LAWS - WORKMEN'S COMPENSATION - LOCAL STATUTE AS A DEFENSE TO A LOCAL CAUSE OF ACTION, 40 Mich. L. Rev. 110 (1941).
Available at: https://repository.law.umich.edu/mlr/vol40/iss1/12