Harrod v. Pacific Southwest Airlines

Summary

The California Court of Appeal affirmed dismissal of Garry S. Harrod's wrongful-death action arising from the crash of Pacific Southwest Airlines Flight 182. The court held that an unmarried cohabiting partner, characterized as a meretricious spouse, was not an heir entitled to sue under California Code of Civil Procedure section 377. It also rejected Harrod's equal-protection challenge and held that wrongful-death claims are purely statutory.

Holdings

1. A meretricious spouse is not an heir authorized to bring a wrongful-death action under Code of Civil Procedure section 377.
2. Section 377 does not deny a meretricious spouse equal protection of the laws.
3. Harrod could not maintain a common-law wrongful-death action because wrongful death is purely statutory and exists only for persons designated by the Legislature.

Questions Presented

1. Whether a meretricious spouse qualifies as an heir entitled to bring a wrongful-death action under California Code of Civil Procedure section 377.
2. Whether section 377's exclusion of a meretricious spouse from the class of wrongful-death plaintiffs violates equal protection.
3. Whether Harrod could maintain a wrongful-death action under a common-law cause of action despite not qualifying under section 377.

Disposition

affirmed