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URTON v. HUDSON

86-0108; CA A50616.

790 P.2d 12 (1990)

101 Or.App. 147

Sharon R. URTON, Personal Representative for the Estate of Donelly W. Urton, Appellant, v. Marilyn HUDSON, Personal Representative for the Estate of Robert E. Hudson, Respondent.

Court of Appeals of Oregon.

April 4, 1990.

Reconsideration Denied May 30, 1990.

Attorney(s) appearing for the Case

Robert K. Udziela, Portland, argued the cause for appellant. With him on the briefs was Pozzi, Wilson, Atchison, O'Leary & Conboy, Portland.

E. Richard Bodyfelt, Portland, argued the cause for respondent. On the brief were Roger K. Stroup and Bodyfelt Mount Stroup & Chamberlain, Portland.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.

RICHARDSON, Presiding Judge.

Plaintiff brought this wrongful death action, seeking damages for the decedent's death in an airplane crash while he was a "guest passenger" of defendant's decedent. She appeals a judgment for defendant based on a jury verdict.

The parties stipulate that there was evidence from which the jury could find that the pilot was negligent. However, under ORS 30.115, the Guest Passenger Statute, proof of gross negligence is required to...

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