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SMITH v. BARRY

No. A7604-05542; CA 10748.

587 P.2d 483 (1978)

37 Or.App. 319

Nellie B. SMITH, Appellant, v. Lillyan A. BARRY, Respondent.

Court of Appeals of Oregon.

Decided December 4, 1978.

Attorney(s) appearing for the Case

Robert R. Schneider, Portland, argued the cause for appellant. On the brief was James M. Pippin, Portland.

Denny Z. Zikes, Portland, argued the cause for respondent. With him on the brief were Dennis N. Freed, and Fellows, McCarthy, Zikes & Kayser, P.C., Portland.

Before SCHWAB, C.J., and LEE and RICHARDSON, JJ.

RICHARDSON, Judge.

This appeal is from an order granting defendant's motion for summary judgment.1 Plaintiff's cause of action involves the guest passenger statute2 and she contends there was sufficient evidence of gross and reckless conduct, based upon a series of negligent acts, to create an issue of material fact as to whether the defendant was grossly negligent.

There are two prerequisites which...

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