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HARDER v. GRAY

505 P.2d 347 (1973)

Gregg HARDER, through His Guardian Ad Litem, Charlotte Harder, Appellant, v. Ronald GRAY, through His Guardian Ad Litem, Lenore Gray, Respondent.

Supreme Court of Oregon.

Decided January 19, 1973.

Attorney(s) appearing for the Case

Raymond J. Conboy, Portland, argued the cause for appellant. With him on the brief were Pozzi, Wilson & Atchison and Donald N. Atchison, Portland.

Ridgway K. Foley, Jr., Portland, argued the cause for respondent. With him on the brief were Souther, Spaulding, Kinsey, Williamson & Schwabe, and James B. O'Hanlon, Portland.

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

DENECKE, Justice.

Plaintiff was injured while a guest passenger in defendant's car. Plaintiff appeals from a judgment of nonsuit rendered in the ensuing damage action.

ORS 30.115 provides that a guest passenger cannot recover (1) "unless the accident was intentional on the part of the owner or operator or caused by his gross negligence or intoxication." The issue is whether there is any evidence of gross negligence or intoxication. Plaintiff's argument seems...

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