James R. Sterchi, Jr. v. Louis B. Savard, Jr., As Executor of The Estate Of L. Basil Savard, Sr.

This appeal concerns a conflict of law choice between Tennessee and Florida law. James R. Sterchi, Jr. (―Mr. Sterchi‖) sued L. Basil Savard (―Mr. Savard‖) in the Circuit Court for Bradley County (―the Trial Court‖) for the wrongful death of Mr. Sterchi’s mother Rosalind Savard (―Mrs. Savard‖) in a car accident in Florida.1 Mr. Savard filed a motion for summary judgment. Florida law prevents Mr. Sterchi from pursuing his claim while Tennessee law does not. All interested parties were domiciled in Tennessee. The Trial Court held that Florida law applies and granted Mr. Savard’s motion for summary judgment. Mr. Sterchi filed an appeal to this Court. We hold that under ―the most significant relationship‖ test as adopted by our Supreme Court in Hataway v. McKinley, 830 S.W.2d 53 (Tenn. 1992), Tennessee has the more significant relationship to the occurrence and parties in this case, and, therefore, Tennessee substantive law applies to Mr. Sterchi’s wrongful death action. We reverse the judgment of the Trial Court.