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QUIRK v. ROSS

476 P.2d 559 (1970)

Mae E. QUIRK, Appellant, v. Marjorie I. ROSS, Executrix of the Estate of Budd H. Ross, Deceased, and Mercedes-Benz of North America, Inc., a Corporation, Respondents.

Supreme Court of Oregon, In Banc.

Decided November 12, 1970.

Attorney(s) appearing for the Case

Dennis W. Skarstad, Portland, argued the cause for appellant. With him on the briefs were Lent, York, Paulson & Bullock, Goldsmith, Siegel & Engel, Charles Paulson, and Edward I. Engel, Portland.

James K. Buell, Portland, argued the cause for respondent Marjorie I. Ross, Executrix of the Estate of Budd H. Ross, Deceased. With him on the brief were Phillips, Coughlin, Buell & Phillips, and David N. Hobson, Portland.

Lamar Tooze, Jr., Portland, argued the cause for respondent Mercedes-Benz. With him on the brief were Tooze, Powers, Kerr, Tooze & Peterson, and E. Richard Bodyfelt, Portland.

Before O'CONNELL, C.J., and McALLISTER, SLOAN, DENECKE, HOLMAN, TONGUE, and HOWELL, JJ.

HOLMAN, Justice.

This was an action for damages for personal injuries suffered as a result of a one-car accident. Plaintiff was riding as a passenger in a Mercedes-Benz automobile which was operated by the defendant Ross. Insofar as it is relevant to this appeal, plaintiff charged that Ross was grossly negligent in the operation of the vehicle and that the defendant Mercedes-Benz was negligent in the manner in which it constructed and designed the vehicle. Plaintiff...

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