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SMITH v. EYERLY MOTORS, INC.

525 P.2d 1013 (1974)

Dorothy L. SMITH, Appellant, v. EYERLY MOTORS, INC., an Oregon Corporation, Dba Eyerly Volkswagen, Respondent.

Supreme Court of Oregon.

Decided September 6, 1974.

Attorney(s) appearing for the Case

James D. Vick of Stager & Vick, Salem, argued the cause and filed briefs for appellant.

Ridgway K. Foley, Jr., Portland, argued the cause for respondent. With him on the brief were Andrew F. Fink and Souther, Spaulding, Kinsey, Williamson & Schwabe, Portland.

Before O'CONNELL, Chief Justice, and McALLISTER, DENECKE, HOLMAN, HOWELL and BRYSON, JJ.

O'CONNELL, Chief Justice.

This is an action to recover damages for personal injuries suffered by plaintiff while riding in a Volkswagen automobile which she and her son had purchased from defendant. Defendant agreed to equip the automobile with safety belts but refused to do so. It is alleged in effect that plaintiff's injuries were "proximately caused by defendant's failure to exercise ordinary care in selling said Volkswagen to the plaintiff." Defendant demurred...

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