DeFoor v. Lematta

Buben 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 domiciliares. At the time of the accident Oregon had a “wrongful death” limit of $25,000 (OBS 30.020), while California had no such limit. California had, however, a “willful conduct” guest statute applying to a vehicle owner injured in his own vehicle while it was being driven by another. ① It was argued that by reason of a California Public Utility Code provision…