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JOSEPH v. LOWERY

495 P.2d 273 (1972)

Alonzo JOSEPH, Respondent, v. Royce LOWERY, Appellant.

Supreme Court of Oregon.

Decided April 4, 1972.

Attorney(s) appearing for the Case

James H. Clarke, Portland, argued the cause for appellant. With him on the briefs were Richard S. Borst, and McColloch, Dezendorf, Spears & Lubersky, Portland.

Robert L. Burns, Gresham, argued the cause for respondent. With him on the brief were Burns & Lock, Gresham.

Dan O'Leary and Raymond J. Conboy, Portland, submitted a brief amicus curiae on behalf of the Oregon Chapter of American Trial Lawyers Assn.

John R. Faust, Jr., Portland, and Cake, Jaureguy, Hardy, Buttler & McEwen, Portland, submitted a brief amicus curiae on behalf of the Oregon Assn. of Defense Counsel.

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

HOLMAN, Justice.

The sole issue in this case is whether the trial court erred when it applied the law of comparative negligence to the accident in which plaintiff was injured. The accident occurred before the effective date of the recent legislative act which adopted the law of comparative negligence1 for Oregon but the trial was held thereafter. The trial resulted in a verdict and judgment for plaintiff. Defendant appealed.

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