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KRUSE v. FITZPATRICK

563 P.2d 680 (1977)

278 Or. 185

Dorothy Hughes KRUSE, Appellant, v. Alice FITZPATRICK, Respondent.

Supreme Court of Oregon, In Banc.

Decided May 3, 1977.

Attorney(s) appearing for the Case

Roger B. Todd, North Bend, argued the cause for appellant. With him on the briefs was Flaxel & Todd, North Bend.

Edward H. Warren, Portland, argued the cause for respondent. With him on the brief was Hershiser, Mitchell & Warren, Portland.

BRYSON, Justice.

Plaintiff brings this action to recover damages for personal injuries suffered when she was struck by an automobile operated by defendant. Plaintiff's complaint alleged that defendant was negligent. Defendant's answer alleged that plaintiff "was a guest in defendant's vehicle within the meaning of ORS 30.115." The trial court granted summary judgment for defendant, finding as a matter of law that plaintiff was a guest within the meaning of ORS 30...

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