Flanagan
Flanagan v. McDonnell Douglas Corp.
Opinion
Opinion
Hall, J.
CONSOLIDATED MEMORANDUM AND ORDERS
This consolidated memorandum is required because the Flanagan case permeates all the cases; and the Mustafa and the two Pernias cases are concerned with the tolling of the California Statute of Limitations in wrongful death cases. Needless repetition is thus avoided.
Among the 346 killed in the March 3, 1974, crash of the DC-10 Turkish Airlines plane near Orly, France, were Pedro Pernias, his wife Ilda Pernias, and their daughter Alejandra Pernias. Liliana Pernias, another surviving daughter, commenced action No. CV-74-2065-PH on July 19, 1974, for their deaths. That action is still pending and has motions pending which are later considered herein.
On November 10, 1976, two years and eight months after the accident, Maria Pernias, the mother of Pedro Pernias, and Atilio Cerimedo, father of Ilda Pernias, commenced the within action, CV-76-3501-PH, for the wrongful death of Pedro and Ilda Pernias. The defendants have filed motions to dismiss on the ground that the one-year statute of limitations [C.C.P. 340(3)] of the forum state, California, has run. The motions were submitted on January 10, 1977, on the pleadings, files and briefs.