ESPINOZA v. EVERGREEN HELICOPTERS, INC.

(CC 090912350, 090912777, 090913294, 091015153, 091015154, 091217035, 100202814, 100303637; CA A147028; SC S062903).

376 P.3d 960 (2016)

359 Or. 63

Rosa Aurelia Palacios ESPINOZA, Personal Representative of the Estate of Victor Andres Espinoza Horna, Deceased, for her own benefit as the surviving spouse and for the benefit of Micaela Ariana Espinoza and Mariam Andrea Espinoza, surviving children of the deceased, Plaintiff-Appellant, Respondent on Review, v. EVERGREEN HELICOPTERS, INC., an Oregon corporation, Defendant-Respondent, Petitioner on Review, and Bobbi Crann, Personal Representative of the Estate of Alan Crann, Deceased, Defendant. Erika Consuelo Machado Merino, Personal Representative of the Estate of Juan Francisco Garcia Rubio, Deceased, for her own benefit as the surviving spouse and for the benefit of Macarena Garcia Machado and Mariono Garcia Santolalla, surviving children of the deceased, and Arturo Benjamin Garcia Pinillos, surviving father of the deceased, Plaintiff-Appellant, Respondent on Review, v. Evergreen Helicopters, Inc., an Oregon corporation, Defendant-Respondent, Petitioner on Review, and Bobbi Crann, Personal Representative of the Estate of Alan Crann, Deceased, Defendant. July Marlene Churata Fernandez, Personal Representative of the Estate of Christian Martin Querevalu Quiroz, Deceased, for her own benefit as the surviving spouse and for the benefit of Camila Milagros Querevalu Churata, surviving child of the deceased, and Freddy Quiroz Dulanto De Querevalu and Rolandi Querevalu Suarez, surviving parents of the deceased, Plaintiff-Appellant, Respondent on Review, v. Evergreen Helicopters, Inc., an Oregon corporation, Defendant-Respondent, Petitioner on Review, and Bobbi Crann, Personal Representative of the Estate of Alan Crann, Deceased, Defendant. Flor De Maria Gamboa Alvarez, Personal Representative of the Estate of Fernando Cesar Nunez Del Prado Reynoso, Deceased, for her own benefit as the surviving spouse and for the benefit of Caroline Anthuanet Nunez Del Prado Gamboa and Fernando Junior Nunez Del Prado Gamboa, surviving children of the deceased, and Margarita Severiana Reynoso Quispe and Ricardo Cesar Nunez Del Prado Saavedra, surviving parents of the deceased, Plaintiff-Appellant, Respondent on Review, v. Evergreen Helicopters, Inc., an Oregon corporation, Defendant-Respondent, Petitioner on Review, and Bobbi Crann, Personal Representative of the Estate of Alan Crann, Deceased, Defendant. Flor Katherine Soto Lican, Personal Representative of the Estate of Jose Luis Saldana Eustaquio, Deceased, for her own benefit as the surviving spouse and for the benefit of Joseph Saldana Soto, Luiggi Saldana Soto, Miguel Angel Saldana Soto, Maria Elizabeth Saldana Gutierrez, and Alexandra Himena Saldana Gutierrez, surviving children of the deceased, and Amadeo Saldana Narro, surviving father of the deceased, Plaintiff-Appellant, Respondent on Review, v. Evergreen Helicopters, Inc., an Oregon corporation, Defendant-Respondent, Petitioner on Review, and Bobbi Crann, Personal Representative of the Estate of Alan Crann, Deceased, Defendant. Olga Paulina Chiba Quispe, Personal Representative of the Estate of Peter Michael Liza Chiba, Deceased, for her own benefit as the surviving mother and for the benefit of Jose Armando Liza Nunton, surviving father of the deceased, Plaintiff-Appellant, Respondent on Review, v. Evergreen Helicopters, Inc., an Oregon corporation, Defendant-Respondent, Petitioner on Review, and Bobbi Crann, Personal Representative of the Estate of Alan Crann, Deceased, Defendant. Brenda Vilma Hoyle De Castro, Personal Representative of the Estate of Miguel Max Castro Gutierrez, Deceased, Plaintiff-Appellant, Respondent on Review, v. Evergreen Helicopters, Inc., an Oregon corporation, Defendant-Respondent, Petitioner on Review, and Bobbi Crann, Personal Representative of the Estate of Alan Crann, Deceased, Defendant. Giovanna Patricia Otero De Vasquez, Personal Representative of the Estate of Jhon Henry Vasquez Lopez, Deceased, for her own benefit as the surviving spouse and for the benefit of Angie Patricia Vasquez Otero, Henry Gianpierre Vasquez Otero, Karen Elizabeth Vasquez Otero, and Jhon Henry Vasquez Otero, surviving children of the deceased, Pablo Wilfredo Vasquez Meza, surviving father of the deceased, and Catalina Lopez De Vasquez, surviving mother of the deceased, Plaintiff-Appellant, Respondent on Review, v. Evergreen Helicopters, Inc., an Oregon corporation, Defendant-Respondent, Petitioner on Review, and Bobbi Crann, Personal Representative of the Estate of Alan Crann, Deceased, Defendant.

Supreme Court of Oregon.

Decided April 14, 2016.


Attorney(s) appearing for the Case

Thomas W. Sondag , Lane Powell PC, Portland, argued the cause and filed the brief for the petitioner. With him on the brief was David G. Hosenpud and Peter D. Hawkes of Lane Powell PC, Portland.

Richard S. Yugler , Landye Bennett Blumstein LLP, Portland, argued the cause and filed the brief for the respondent. With him on the brief was Robert B. Hopkins and Matthew K. Clarke , of Landye Bennett Blumstein LLP, Portland, and Arthur C. Johnson of Johnson, Johnson and Schaller PC, Eugene.

Cody Hoesly , Larkins Vacura LLP, Portland, filed the brief on behalf of amicus curiae Oregon Trial Lawyers Association.

Before BALMER, Chief Justice, and KISTLER, WALTERS, LANDAU, BALDWIN, Justices, and DUNCAN, Judge of the Court of Appeals, Justice pro tempore.


This case arises from a helicopter crash in a remote part of Peru, which resulted in the deaths of everyone on board. Plaintiffs brought wrongful death actions in Oregon against Evergreen Helicopters, Inc. (Evergreen), an Oregon corporation that provided the helicopter and the pilot. Evergreen filed motions to dismiss plaintiffs' actions...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases