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DeFOOR v. LEMATTA

437 P.2d 107 (1968)

Pauline S. DeFoor, Executrix of the Estate of Ruben R. DeFoor, Deceased, Respondent, v. Marvin Edward LEMATTA and Columbia Helicopters, Inc., a Corporation, Appellants.

Supreme Court of Oregon. In Banc.

Decided February 14, 1968.

Attorney(s) appearing for the Case

Ridgway K. Foley, Jr., Portland, argued the cause for appellants; with him on the briefs were Gordon Moore and Mautz, Souther, Spaulding, Kinsey & Williamson, Portland.

Gerald R. Pullen, Portland, argued the cause for respondent; with him on the brief were Pullen & Rawls, Portland.

Before PERRY, C.J., and McALLISTER, SLOAN, O'CONNELL, GOODWIN, DENECKE and HOLMAN, JJ.

GOODWIN, Justice.

Ruben DeFoor was killed in 1964 in a helicopter accident in California as the result of the alleged negligence of the pilot, Marvin Lematta, and Columbia Helicopters, Inc., an Oregon corporation.

Both DeFoor and Lematta were Oregon domiciliaries. At the time of the accident Oregon had a "wrongful death" limit of $25,000 (ORS 30.020), while California had no such limit. California had, however, a "willful conduct" guest statute applying to...

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