Evergreen Helicopters loses lawsuit dismissal

evergreenPortland-based Evergreen Helicopters loses bid to dismiss lawsuit
By Oregon Small Business Association

Portland-based Evergreen Helicopters has lost its bid to have a lawsuit filed against them dismissed. The suit was filed in Multnomah County by the survivors of eight Peruvians who were killed in a helicopter crash in 2008. The accident occurred in mountainous terrain while the helicopter was en route to a Peruvian mining site during bad weather. The aircraft was owned by Evergreen; the pilot was an Evergreen employee. The suit claims that Evergreen was guilty of negligence that resulted in wrongful deaths.

Originally, the Multnomah Circuit Court granted Evergreen’s motion to dismiss the lawsuit based on the court’s conclusion that Peru was the more convenient forum in which to litigate the plaintiffs’ claim. However, the plaintiffs appealed that decision, and Oregon’s Court of Appeals has now ruled that the trial will take place in Oregon.

Presiding Judge Armstrong commented, “The mere fact that a case involves conduct or plaintiffs from overseas is not enough for dismissal.”

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