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REINHOLTZ v. RESSLER

525 P.2d 55 (1974)

Ima Jean REINHOLTZ, Personal Representative of the Estate of Leonard John Reinholtz, Deceased, Appellant, v. Raymond A. RESSLER, Respondent.

Supreme Court of Oregon, In Banc.

Decided August 1, 1974.

Attorney(s) appearing for the Case

E.B. Sahlstrom and David A. Vinson of Sahlstrom, Lombard, Starr & Vinson, Eugene, filed briefs for appellant.

James C. Goode of Goode, Goode, Decker & Hinson, P.C., Albany, filed a brief for respondent.

O'CONNELL, Chief Justice.

Plaintiff instituted this action as personal representative on behalf of the estate of her husband, who was killed in an accident while riding as a guest in defendant's automobile. Plaintiff's first amended complaint alleged gross negligence. She subsequently filed a second amended complaint alleging ordinary negligence. The trial court sustained defendant's motion to strike the second amended complaint and reinstated the first amended complaint...

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