Engelland v. Johnstone

Oregon Supreme Court

Engelland v. Johnstone

632 P.2d 795, 291 Or. 501, 1981 Ore. LEXIS 956

CourtOregon Supreme Court

DecidedAugust 11, 1981

DocketNO. 37439, CA 18670, SC 27792

StatusPublished

This text of 632 P.2d 795 (Engelland v. Johnstone) is published on Counsel Stack Legal Research, covering Oregon Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Engelland v. Johnstone, 632 P.2d 795, 291 Or. 501, 1981 Ore. LEXIS 956 (Or. 1981).

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Opinion

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. Plaintiffs 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 ORS 30.115 at the time the accident occurred. The Court of Appeals affirmed.

The dispositive issue in this case is essentially the same as in Whipple v. Howser, 291 Or 475, 632 P2d 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 in Whipple.

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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. Plaintiffs 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 ORS 30.115 at the time the accident occurred. The Court of Appeals affirmed.

The dispositive issue in this case is essentially the same as in Whipple v. Howser, 291 Or 475, 632 P2d 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 in Whipple.

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Bluebook (online)

632 P.2d 795, 291 Or. 501, 1981 Ore. LEXIS 956, Counsel Stack Legal Research, https://law.counselstack.com/opinion/engelland-v-johnstone-or-1981.

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