ESPINOZA v. EVERGREEN HELICOPTERS, INC.

090912350, 090912777, 090913294, 091015153, 091015154, 091217035, 100202814, 100303637; A147028.

337 P.3d 169 (2014)

266 Or. App. 24

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, v. EVERGREEN HELICOPTERS, INC., an Oregon corporation, Defendant-Respondent, 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, v. Evergreen Helicopters, Inc., an Oregon corporation, Defendant-Respondent, 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, Freddy Quiroz Dulanto De Querevalu, and Rolandi Querevalu Suarez, surviving parents of the deceased, Plaintiff-Appellant, v. Evergreen Helicopters, Inc., an Oregon corporation, Defendant-Respondent, 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, v. Evergreen Helicopters, Inc., an Oregon corporation, Defendant-Respondent, 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, v. Evergreen Helicopters, Inc., an Oregon corporation, Defendant-Respondent, 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, v. Evergreen Helicopters, Inc., an Oregon corporation, Defendant-Respondent, 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, Plaintiff-Appellant, v. Evergreen Helicopters, Inc., an Oregon corporation, Defendant-Respondent, 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, and Pablo Wilfredo Vasquez Meza, surviving father of the deceased, and Catalina Lopez De Vasquez, surviving mother of the deceased, Plaintiff-Appellant, v. Evergreen Helicopters, Inc., an Oregon corporation, Defendant-Respondent, and Bobbi Crann, Personal Representative of the Estate of Alan Crann, Deceased, Defendant.

Court of Appeals of Oregon.

Decided October 8, 2014.


Attorney(s) appearing for the Case

Richard S. Yugler argued the cause for appellants. With him on the briefs were Robert B. Hopkins , Matthew K. Clarke , and Landye Bennett Blumstein LLP.

Thomas W. Sondag argued the cause for respondent. With him on the brief was Lane Powell PC.

Cody Hoesly , Larkins Vacura LLP, Kathleen Moura and Law Office of Kathleen Moura filed the brief amicus curiae for Oregon Trial Lawyers Association.

Before ARMSTRONG, Presiding Judge, and NAKAMOTO, Judge, and EGAN, Judge.


ARMSTRONG, P.J.

This case arises out of a helicopter crash in Peru that resulted in the death of everyone on board, including eight Peruvian passengers. Plaintiffs, the personal representatives of the estates of the passengers, brought wrongful death actions in Oregon against Evergreen Helicopters, Inc. (Evergreen), an Oregon corporation that was the lessor of the helicopter and employer of the pilot. The trial court granted Evergreen's motions to dismiss plaintiffs...

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