since Pennsylvania had the greater interest in the amount of recovery. Of particular significance was the fact that the decedent's Will and Estate were being administered in Pennsylvania.
One can hardly envision a stronger statement of policy than that enunciated in Griffith, supra, and the Pennsylvania Constitution. The State of New Jersey has no such strong countervailing policy with relation to out-of-state decedents.
Similarly, in a wrongful death context, the New York Court of Appeals in Long v. Pan American World Airways, Inc., 16 N.Y. 2d 337, 266 N.Y.S. 2d 513, 213 N.E. 2d 796 (1965), stressed the vital concern of Pennsylvania with the administration of the estates of its decedents. In Long, defendant's commercial airline was enroute from San Juan, Puerto Rico to Philadelphia, Pennsylvania, when it disintegrated in flight near Maryland. The plaintiffs brought a wrongful death and survival action in the New York court. Under the Maryland law a limited recovery would be obtained while a greater recovery was available under Pennsylvania law. In holding that Pennsylvania law should be applied, Judge Fuld stressed that Pennsylvania had the greatest concern with the wrongful death and survival issues. Not only were plaintiffs and decedents domiciled in Pennsylvania, but the relationship of Maryland to the occurrence was purely an adventitious circumstance.
The same approach is apparent in Reich v. Purcell, 67 Cal. 2d 551, 63 Cal. Rptr. 31, 432 P. 2d 727 (1967) (cited in Pfau, supra), a wrongful death action arising out of a head-on collision in Missouri. Defendant owned an automobile and was a domiciliary of California on his way to Illinois. Plaintiffs were Ohio residents on their way to California.
In Missouri the maximum that could be recovered was $25,000. Ohio had no such limitation. In applying Ohio law, Chief Justice Traynor stressed that Ohio had a strong interest in the estates of its decedents. Hence, that state's law would be applied, particularly where it would result in no conflict with Missouri law. See also Miller v. Miller, 22 N.Y. 2d 12, 290 N.Y.S. 2d 734, 237 N.E. 2d 877 (1968) and Brendle v. General Tire & Rubber Co., 408 F.2d 116 (4th Cir. 1969).
The logic of the wrongful death cases cited applies equally to survival actions -- actions which have as their primary justification the protection afforded creditors. Fisher v. Dye, 386 Pa. 141, 146-147, 125 A. 2d 472 (1956). As was stated by Chief Justice Stern in Fisher :
"It is the invasion of the interest of the decedent which finds redress in this [survival] action. Hence, damages are viewed and measured in terms of the loss suffered by the decedent. The survival of such an action finds primary justification in the protection it affords creditors. It also serves to some degree as a means of assuring that the distributable estate shall include some present value in lieu of what the deceased might have been expected to accumulate during a normal lifetime. Thus, the policy underlying such a recovery does not yield any implication concerning either the eligibility or the disqualification of anyone as a participant in the ultimate distribution of the net estate. Indeed, any such question is premature in the survival action."