Wilson v. Lockheed Aircraft Corp.

FOX, P. J.—

This is an action by plaintiff in her individual capacity against defendants Lockheed Aircraft Corporation and Braniff Airways Incorporated for the wrongful death of her son, Vernon Olson. The trial court granted Lockheed’s

[452]

motion for judgment on the pleadings and a judgment of dismissal was entered in due course. She has appealed.

On September 29, 1959, Vernon Olson was a passenger aboard a Braniff Airways plane, a Lockheed Blectra, on a flight from Houston to Dallas, Texas. The airplane crashed and caused the death of Olson. Decedent left surviving his widow, Dorothy, and a minor child, Linda; also, his mother, the plaintiff. The mother filed this action on April 14, I960.

1

In deciding whether this action may be maintained by the mother, a preliminary inquiry must be made : Does California or Texas law apply in ascertaining her rights ? In this connection it is conceded by counsel for plaintiff that had the accident and death occurred in California, plaintiff would have no cause of action under the laws of this state. In the agreed statement on appeal plaintiff states “she is relying exclusively upon the laws” of Texas as the basis for her right to recover. In this position she is correct for it is the general rule that in an action for wrongful death, the law which governs is the law of the jurisdiction where the action for wrongful death arose, i.e. the place where the tort was committed, unless it is contrary to the public policy of this state.

2

(McManus

v.

Red Salmon Canning Co.,

37 Cal.App. 133,136 [173 P. 1112] ;

Loranger

v.

Nadeau,

215 Cal. 362, 366 [10 P.2d 63, 84 A.L.R. 1264] ;

Victor

v.

Sperry,