Alexander
Alexander v. Heater
Opinion
Opinion
Evans, J.
This is an appeal from an order granting the defendants’ motion to quash service of summons for lack of jurisdiction in this action for personal injury, negligent infliction of emotional distress, and loss of consortium. The plaintiffs contend that the defendants, Rollin and David Heater, are subject to personal jurisdiction in California because they caused the plaintiffs’ injury to occur in California by their acts in Oregon. We do not agree and shall affirm the order.
Facts and Procedural Background
On February 24, 1986, plaintiff R. Douglas Alexander (Alexander) had his right hand crushed during the malfunction of a lift gate on a 1980 Mercedes Benz truck. The accident occurred in California while Alexander was using the truck to move his wife and daughter from Oregon to California.
The truck was owned by defendant R. L. Riemenschneider Enterprises Co. (Riemenschneider), an Oregon corporation. The lift gate was installed on the Mercedes Benz truck in Oregon by Rollin Heater, an employee of Riemenschneider acting in the course and scope of his employment. Rollin Heater was assisted in installing the lift gate by his son David Heater.