Urton v. Hudson

Plaintiff brought this wrongful death action, seeking damages for the decedent’s death in an airplane crash while he was a “guest passenger” of defendant’s decedent. She appeals a judgment for defendant based on a jury verdict.

The parties stipulate that there was evidence from which the jury could find that the pilot was negligent. However, under ORS 30.115, the Guest Passenger Statute, proof of gross negligence is required to establish liability, and the jury specifically found that the pilot was not grossly negligent. Plaintiff contends that ORS 30.115 violates Article I, section 20, the…