Crider v. Zurich Ins. Co., 380 U.S. 39 (1965)

Crider v. Zurich Insurance Co.


No. 116


Argued January 19, 1965
Decided March 1, 1965
380 U.S. 39

CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

Syllabus

Petitioner, an Alabama resident, was injured in that State while working for a Georgia corporation, against which he then secured a default judgment in an Alabama court under the Georgia Workmen’s Compensation Act. Petitioner then brought this diversity action on the judgment against respondent, his employer’s insurer, in the District Court, which granted a motion to dismiss on the ground that the Alabama court lacked jurisdiction to award damages under the Georgia Act providing for a remedy which could be afforded exclusively by the Georgia compensation board. The Court of Appeals affirmed.

Held: The State where an employee resides and is injured may adopt such choice of remedy as it desires, and Alabama was free to adopt and enforce the remedy provided by Georgia without any requirement imposed by the Full Faith and Credit Clause that the special Georgia procedure be followed. Pp. 41-43.

324 F.2d 499 reversed.