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McMILLAN v. McMILLAN

Record No. 771349.

253 S.E.2d 662 (1979)

Glenna Jennings McMILLAN v. David Allen McMILLAN.

Supreme Court of Virginia.

April 20, 1979.

Attorney(s) appearing for the Case

Carl E. McAfee, Norton (Cline, McAfee, Adkins & Gillenwater, Norton, on brief), for appellant.

Charles B. Flannagan, II, Bristol (Woodward, Miles & Flannagan, P. C., Bristol, on brief), for appellee.

Before I'ANSON, C. J., and CARRICO, HARRISON, COCHRAN, HARMAN, POFF and COMPTON, JJ.

COMPTON, Justice.

In resolving conflicts of laws, the settled rule in Virginia is that the substantive rights of the parties in a multistate tort action are governed by the law of the place of the wrong. Maryland v. Coard, 175 Va. 571, 580-81, 9 S.E.2d 454, 458 (1940). Today in an intra-family suit, we are invited to reject that lex loci delicti principle and to follow the so-called "modern trend" by applying the law of the domicile of the parties. We decline...

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