First National Bank V. Benson

This is a wrongful death action governed by § 22-20-3, N.M.S.A. 1953 (Vol. 5). By interlocutory appeal, defendant claims the trial court erred in denying him summary judgment because all of plaintiff's and defendant's decedents were residents of Missouri, having died in an airplane crash in New Mexico; that the State of Missouri alone had jurisdiction over the parties and the subject matter under the "significant contacts choice of laws" rule; that the Wrongful Death Act of Missouri controlled this claim for relief; that New Mexico should adopt this rule and abandon the "lex loci delicti commissi" rule. We affirm.