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
