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Cyclist, a State R resident, was injured by Driver, a State S resident, in State S. Cyclist sued Driver in State R court. State R's choice-of-law rules select State S negligence law for liability. State S uses modified comparative fault and bars recovery if plaintiff is more than 50 percent at fault. State R uses pure comparative fault.
State S also has a statute providing that, in claims against emergency volunteers, the plaintiff must prove gross negligence by clear and convincing evidence. Driver was a volunteer responding to a storm emergency. State R would require only ordinary negligence proved by a preponderance. State R court rules require all comparative-fault questions to be submitted to a jury on a special verdict form; State S courts ordinarily use a general verdict form.
Discuss which rules apply in State R court. Address comparative fault, the emergency-volunteer burden, the verdict form, and the distinction between substantive policy and forum procedure.