Espinoza v. Evergreen Helicopters, Inc.

• Citation: 359 Or. 63,376 P.3d 960
• Decision Date: 14 April 2016
• Docket Number: SC S062903.,CA A147028,CC 090912350, 090912777, 090913294, 091015153, 091015154, 091217035, 100202814, 100303637
• Parties: 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.
• Court: Oregon Supreme Court

359 Or. 63

376 P.3d 960

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 ReviewandBobbi 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 ReviewandBobbi 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 ReviewandBobbi 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 ReviewandBobbi 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 ReviewandBobbi 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 ReviewandBobbi 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 ReviewandBobbi 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 ReviewandBobbi Crann, Personal Representative of the Estate of Alan Crann, Deceased, Defendant.

CC 090912350, 090912777, 090913294, 091015153, 091015154, 091217035, 100202814, 100303637

CA A147028

SC S062903.

Supreme Court of Oregon.

Argued and Submitted Sept. 15, 2015.

Decided April 14, 2016.

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.^**

BALMER, C.J.

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 on the ground that, under the doctrine of forum non conveniens, Peru was the appropriate forum in which to litigate those cases. The trial court consolidated the cases and granted Evergreen's motions.¹ Plaintiffs appealed and the Court of Appeals reversed. Although it concluded that the doctrine of forum non conveniens is available in Oregon, the Court of Appeals held that the trial court erred as a matter of law because it made factual determinations that went to the underlying merits of plaintiffs' claims and failed to assess the materiality of the documentary and testimonial evidence with respect to the different claims in the complaint. Espinoza v. Evergreen Helicopters, Inc., 266 Or.App. 24, 49–51, 337 P.3d 169 (2014). The Court of Appeals further held that the trial court erred by failing to make the requisite findings, expressly or implicitly, as to the availability of evidence in Peru and failing to discuss what factors it considered in reaching its decision. Id. at 50–51, 337 P.3d 169. On review, we consider two issues: (1) whether the doctrine of forum non conveniens is available under Oregon law, and (2) if so, what standards guide its application. For the reasons discussed below, we conclude that forum non conveniens is part of the common law of Oregon and permits a trial court to dismiss or stay an action under certain circumstances when the ends of justice require it. We disagree in some respects with the Court of Appeals as to the standards that govern the application of forum non conveniens, but we agree with its decision vacating the trial court judgments and remanding the cases to the trial court.

I. FACTUAL AND PROCEDURAL BACKGROUND

We state the facts based on the allegations in the pleadings, supplemented by additional facts in the record.

Plaintiffs are the appointed personal representatives of the families and estates of eight passengers who died in a helicopter crash in Peru. Defendant Evergreen, an Oregon corporation with its principal place of business in Oregon, owns and leases aircraft, including the helicopter that crashed in this case, and provides related services worldwide.² The crash occurred when the helicopter, which was transporting employees and subcontractors of a mining company to a remote Andean copper mining project, flew into a mountainside. The helicopter was being flown pursuant to a service contract between Rio Tinto Mining Peru S.A.C., the Peruvian subsidiary of a global mining and minerals company, and Helinka S.A.C., a Peruvian commercial aviation services provider. Pursuant to that contract, and other side agreements, Evergreen provided the helicopter, as well as pilots, mechanics, parts, and an on-site contract administrator to help coordinate the air transport service to and from the mining camp. The pilot in charge of the helicopter on the day of the crash was an Evergreen employee who had been provided to Helinka as a part of that arrangement. Although it is undisputed the helicopter was operating in inclement weather at the time of the crash, the parties disagree as to the cause of the crash, and in particular whether pilot error was to blame or whether mechanical problems might also have contributed.³

Plaintiffs filed civil actions against Evergreen and the pilot's estate in Multnomah County Circuit Court for the wrongful deaths of the deceased passengers, based on theories of direct and vicarious liability in negligence.⁴ Plaintiffs alleged that Evergreen, individually and through its agents, was negligent or grossly negligent in failing to “properly maintain, inspect, test and/or repair the subject helicopter,” to properly train and supervise its crew, to properly navigate and operate the helicopter on the day of the crash, and to warn plaintiffs of the dangers associated with flying in adverse weather.⁵ In addition, plaintiffs alleged, Evergreen had negligently entrusted the helicopter. Plaintiffs alleged that Evergreen's negligence, or gross negligence, in those various ways was a substantial factor in causing the helicopter crash and the deaths of their relatives.

Invoking the doctrine of forum non conveniens, Evergreen moved to dismiss plaintiffs' actions on the grounds that an adequate alternative forum was...