CHALLONER v. DAY AND ZIMMERMANN, INC

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Docket Number

No. 74-1555.

Attorney(S)

Norman C. Russell, Texarkana, Tex., for defendants-appellants. Cahill Hitt, Texarkana, Tex., for plaintiffs-appellees.

Judges

John Robert Brown
James Plemon Coleman

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Smart Summary

Factual and Procedural Background

This appeal arises from a judgment of the United States District Court for the Eastern District of Texas involving plaintiffs-appellees Challoner et al. and defendants-appellants Day and Zimmermann, Inc. The Fifth Circuit had previously issued a decision in this case, which was subsequently vacated by the United States Supreme Court. The Supreme Court instructed the Court of Appeals to apply the Texas conflicts of law rule to determine the substantive law governing the liability issue. After receiving supplemental briefs, the Fifth Circuit reconsidered the matter in light of Texas law and the Supreme Court’s guidance.

Legal Issues Presented

What substantive law governs the liability issue in this wrongful death case under Texas conflicts of law principles?
Whether the Texas Wrongful Death Statutes, as amended by House Bill 974, apply retroactively to this case.

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

Precedent	Rule or Principle Cited For	Application by the Court
Day and Zimmermann, Inc. v. Challoner, 423 U.S. 3 (1975)	Supreme Court vacated prior appellate decision and instructed application of Texas conflicts rule.	Directed the Fifth Circuit to identify and follow Texas conflicts law to determine substantive law.
Click v. Thurson Industries, Inc., 475 S.W.2d 715 (Tex. 1972)	Texas precedent on choice of law in tort liability.	Supported the conclusion that Texas courts would likely apply Cambodian law to liability.
Continental Oil Company v. Lane Wood and Company, 443 S.W.2d 698 (Tex. 1969)	Texas conflicts of law principles in tort cases.	Reinforced the application of foreign substantive law under Texas conflicts rules.
Marmon v. Mustang Aviation, Inc., 430 S.W.2d 182 (Tex. 1968)	Choice of law in tort liability under Texas law.	Further precedent supporting application of foreign law in appropriate circumstances.

Court's Reasoning and Analysis

The Court began by acknowledging the Supreme Court’s vacatur of its prior decision and the instruction to apply the Texas conflicts rule. Upon reviewing the parties’ supplemental briefs, the Court analyzed Texas precedent and concluded that at the time of trial the Texas Supreme Court would likely have applied Cambodian substantive law to the liability issue. The Court noted relevant Texas cases that establish the choice of law framework, which supports applying the law of the place where the injury occurred unless Texas law dictates otherwise.

The Court also considered the Texas Legislature’s enactment of House Bill 974, extending the wrongful death statute’s reach to deaths occurring outside Texas. However, the Court found no indication that the statute was intended to apply retroactively to cases already tried but not finally decided on appeal. Additionally, constitutional objections raised by counsel counseled against retroactive application. The Court therefore left the question of the statute’s applicability on retrial to the trial court’s discretion.

Consequently, the Court reversed the District Court’s judgment and remanded the case for further proceedings consistent with the Supreme Court’s views and applicable Texas law.

Holding and Implications

REVERSED and REMANDED.

The Court reversed the District Court’s judgment and remanded the case for further proceedings applying Texas conflicts law and substantive law as identified. The decision clarifies that Cambodian law likely governs liability under Texas choice of law principles and that the Texas Wrongful Death Statute’s applicability to this case is a matter for the trial court on remand. No new precedent was established beyond adherence to existing Texas conflicts jurisprudence and the Supreme Court’s directive. The direct effect is to require reconsideration of the case consistent with this framework.

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HAWLEY K. CHALLONER ET AL., ETC., PLAINTIFFS-APPELLEES, v. DAY AND ZIMMERMANN, INC., ET AL., DEFENDANTS-APPELLANTS.

PER CURIAM:

Our decision in this case, 512 F.2d 77, was vacated by the Supreme Court, Day and Zimmermann, Inc. v. Hawley K. Challoner, 423 U.S. 3, 96 S.Ct. 167, 46 L.Ed.2d 3 (1975).

The Supreme Court said:

"The Court of Appeals in this case should identify and follow the Texas conflicts rule. What substantive law will govern when Texas' rule is applied is a matter to be determined by the Court of Appeals."

On this point we requested and received briefs of the parties. Upon consideration, we are unconvinced that at the time this case was tried in the District Court the Supreme Court of Texas, consistently with its prior precedents, would not have applied the law of Cambodia to the issue of liability in this case, Click v. Thurson Industries, Inc., 475 S.W.2d 715 (Tex. 1972); Continental Oil Company v. Lane Wood and Company, 443 S.W.2d 698 (Tex. 1969); Marmon v. Mustang Aviation, Inc., 430 S.W.2d 182 (Tex. 1968). See, also, 22 Loyola Law Review 519 (1976); 11 Texas International Law Journal 147 (1976).

On May 29, 1975, the Texas Legislature enacted House Bill 974, providing that the Texas Wrongful Death Statutes shall apply to injury causing death to any person occurring either within or without the State. There was no language indicating that the statute should apply to cases already tried (although not finally decided on appeal). Moreover, counsel have raised constitutional objections to such an application.

The applicability of this statute to any future trial should be left to the trial court.

We accordingly reverse the judgment of the District Court in this case and remand for further proceedings, to be had consistently with the views of the Supreme Court and applicable Texas law.

REVERSED and REMANDED.