A.2d 677, 682 (Pa. 1966)). In other words, this Court must explore the policies underlying Michigan and Pennsylvania's respective punitive damages laws.
The state of Michigan has a strong interest in seeing that its domiciliary defendants are protected from excessive financial liability. Detroit, 750 F. Supp. at 805. By insulating companies such as Ford, who conduct extensive business within its borders, Michigan hopes to promote corporate migration into its economy. See Chicago, 644 F.2d at 614. If Michigan did not provide such protection to corporations, such corporations might refuse to locate and conduct any business in their state. Detroit, 750 F. Supp. at 807. However, by providing the protection, through a law prohibiting punitive damages, "Michigan may indeed induce other businesses to enter the state with the assurance that, although responsible for its own torts, a company shall be immune from excessive financial liability." Id. Corporate migration will enhance the economic climate and well being of the state of Michigan by generating revenues. See Chicago, 644 F.2d at 614. For these reasons, Michigan has a very strong interest in the application of its punitive damages law to the issue of Ford's financial liability in this case. Detroit, 750 F. Supp. at 807.
The state of Pennsylvania demonstrates, through its punitive damages law, an interest in punishing defendants who injure its residents and an interest in deterring them and others from engaging in similar conduct which poses a risk to Pennsylvania's citizens. Cavalier, 1991 U.S. Dist. LEXIS 8861, 1991 WL 125179, at *5 n.8. Punishment and deterrence are both compelling reasons to apply Pennsylvania's law on punitive damages.
Both Pennsylvania and Michigan demonstrate equally valid interests in the application of their own punitive damages law to the case at bar. However, because an analysis of the relevant contacts, with regard to plaintiff's claim for punitive damages, reveals that Michigan has the most significant relationship to the events at issue, this Court predicts that the Pennsylvania Supreme Court, applying Pennsylvania choice of law rules, would hold that Michigan's law prohibiting the award of punitive damages applies to the instant case.
For the foregoing reasons, the motion of the defendant for partial summary judgment will be granted.
An appropriate Order follows.
AND NOW, this 26th day of July, 1996, upon consideration of the motion of defendant Ford Motor Company for partial summary judgment (Document No. 20), the response of plaintiff thereto, the reply of defendant, the further reply of plaintiff thereto, and the pleadings, depositions, answers to interrogatories, admissions on file, affidavits, and other discovery of record, it is hereby ORDERED, for the reasons set forth in the foregoing memorandum, that the motion is GRANTED. It is FURTHER ORDERED that Michigan substantive law governs the claim by plaintiff for punitive damages. And as Michigan substantive law does not allow punitive damages in a products liability case such as this one, as explained in the foregoing memorandum, the claim for punitive damages is DENIED and JUDGMENT is hereby entered in favor of defendant Ford Motor Company and against plaintiff Susan I. Kelly, administratrix and personal representative of the Estate of Gerald A. Kelly, deceased, on the claim by plaintiff for punitive damages.
This is not a final Order.
LOWELL A. REED. JR., J.