Oregon's wrongful death statute, ORS 30.020, specifically limits standing in a wrongful death cause of action to "the personal representative of the decedent...." The personal representative is then allowed to file suit "for the benefit of the decedent's surviving spouse, surviving children, surviving parents and other individuals, if any, who under the law of intestate succession of the state of the decedent's domicile would be entitled to inherit the personal property of the decedent...."
Background
In
Dahlton v. Kyser the question was whether
requests for production seeking documentation from the
decedent's parents about the injuries they asserted, such as
loss of society and companionship. Oregon's Supreme Court
concluded that, for purposes of ORCP 44 C, "the statutory
beneficiaries are not 'parties' to a wrongful death action,
because the only person with authority to control the litigation is
the personal representative of the decedent." The
beneficiaries could not be required to provide information per ORCP
44 C.
Decision
Dahlton seemed to rule narrowly. For instance, it did
not comment on whether a defendant could subpoena this same
information. Dahlton also might create a
question at trial about the extent of evidence the statutory
beneficiaries are allowed to support damages "for pecuniary
loss and for loss of the society, companionship and services of the
decedent," per ORS 30.020(2)(d). If the beneficiaries are not
required to comply with ORCP 44 C, it seems unfair to allow the
beneficiaries to then present evidence that might have been
obtained under that rule.
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