Opinion · Orlaw Oregon

ENGELLAND v. JOHNSTONE, 291 Or. 501 (1981)

ENGELLAND, Petitioner, v. JOHNSTONE et al, Respondents., 632 P.2d 795 (Or. 1981)

Type: Opinion
Court: Orlaw Oregon
Jurisdiction: Orlaw
Date: 1981-08-11
Topic: general

ENGELLAND v. JOHNSTONE, 291 Or. 501 (1981) 632 P.2d 795 ENGELLAND, Petitioner, v. JOHNSTONE et al, Respondents. NO. 37439, CA 18670, SC 27792Oregon Supreme Court.Argued and submitted June 30, 1981. Reversed and remanded to trial court August 11, 1981.

Citator

UpLaw has not yet analyzed ENGELLAND v. JOHNSTONE, 291 Or. 501 (1981). The absence of a flag is not a finding that it is good law.

ENGELLAND v. JOHNSTONE,291 Or. 501(1981)

632 P.2d 795

ENGELLAND,Petitioner,v. JOHNSTONE et al,Respondents.

NO. 37439, CA 18670, SC 27792

Oregon Supreme Court.

Argued and submitted June 30, 1981.

Reversed and remanded to trial court August 11, 1981.

In Banc

On Review from the Court of Appeals.^fn*

J. Michael Alexander, Salem, argued the cause for petitioner. With him on the briefs were Brown, Burt, Swanson Lathen, Salem.

Sam F. Speerstra, Salem, argued the cause for respondents. With him on the brief were Sarah K. Rinehart, Certified Law Student, and Rhoten, Rhoten Speerstra, Salem.

TONGUE, J.

Reversed and remanded to trial court.Page 502

[EDITORS' NOTE: THIS PAGE IS BLANK.]Page 503

TONGUE, J.

This is one of three cases in which we are asked to decide whether the 1979 Oregon Legislature intended that its repeal of the Guest Passenger Act with regard to motor vehicles be applied retroactively to actions accrued before, but commenced after, October 3, 1979, the effective date of the repeal. It involves a wrongful death action couched in ordinary negligence and arising from an automobile accident which occurred on December 17, 1977. Plaintiff's decedent was a guest passenger in defendant's automobile. The action was commenced on January 18, 1980.

The trial court dismissed plaintiff's complaint because it failed to allege gross negligence on the part of defendant as required by ORS30.115at the time the accident occurred. The Court of Appeals affirmed.

The dispositive issue in this case is essentially the same as inWhipple v. Howser,291 Or. 475,632 P.2d 782(1981), and our decision in that case is controlling.

The Court of Appeals and trial court decisions are, therefore, reversed, and the case is remanded to the trial court for further proceedings consistent with our opinion inWhipple.Page 504

Appeal from Judgment of Circuit Court for Yamhill County, Henry W. Devlin, Judge.51 Or. App. 367,625 P.2d 689(1981). ↩