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VANEK v. KIRBY

450 P.2d 778 (1969)

Keith Frank VANEK, Appellant, v. Lynn KIRBY, Dba Lynn Kirby Ford, and Ford Motor Company, a Delaware Corporation, Respondents.

Supreme Court of Oregon, Department 1.

Decided February 13, 1969.

Attorney(s) appearing for the Case

Ralph C. Barker, Portland, argued the cause for appellant. With him on the briefs were Buss, Leichner, Lindstedt, Rose & Sipprell, Portland.

Roland F. Banks, Jr., Portland, argued the cause for respondent Ford Motor Co. With him on the brief were Mautz, Souther, Spaulding, Kinsey & Williamson, Portland.

Before PERRY, C.J., and O'CONNELL, DENECKE, LUSK and MENGLER, JJ.

O'CONNELL, Justice.

This is an action to recover damages for personal injuries suffered by plaintiff when a car in which he was riding left the road and struck a power pole. A motion for a voluntary nonsuit was granted with respect to the action against Lynn Kirby Ford. Plaintiff appeals from a judgment on the pleadings entered in favor of defendant Ford Motor Company.

Plaintiff's complaint, as finally amended, contained the following allegations:

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