Dae-Sik Moon v. Plymouth Rock Corp.
This case involves a motor vehicle accident in Connecticut where a New York resident plaintiff, Dae-Sik Moon, sued a Rhode Island resident defendant, Gerald S. Kursman, and a New York-incorporated defendant, Plymouth Rock Corporation, in New York State Supreme Court. The accident allegedly occurred when slush from the defendants' truck-tractor splashed onto the plaintiff's windshield, causing him to lose control. The central issue for the court was determining whether Connecticut or New York law should apply. The court applied New York's interest analysis framework, distinguishing between conduct-regulating and loss-allocating laws. It ruled that Connecticut General Statutes § 14-104, regarding vehicle wheel protectors, is conduct-regulating and thus Connecticut law applies to that aspect. For loss-allocation, specifically comparative negligence (CPLR 1411 vs. Connecticut General Statutes § 52-572h), the court determined that New York has a greater interest and applied CPLR article 14-A. Finally, the court interpreted Connecticut General Statutes § 14-104 (b) to mandate that truck-tractors must be equipped with mud flaps regardless of being attached to trailers or semi-trailers.