JOHNSON v. STATE, NATIONAL GUARD


564 P.2d 714 (1977)

29 Or.App. 477

Wade F. JOHNSON, Appellant, v. STATE of Oregon, By and Through its agency, the Oregon NATIONAL GUARD, and Richard A. Matchett, Respondents.

Court of Appeals of Oregon.

Decided May 23, 1977.


Attorney(s) appearing for the Case

David R. Baker, Portland, argued the cause for appellant. With him on the brief was Baker & Larue, Portland.

Vawter Parker, Portland, argued the cause for respondents. With him on the brief were Dezendorf, Spears, Lubersky & Campbell, and James H. Clarke and David B. Markowitz, Portland.

Before SCHWAB, C.J., and THORNTON and TANZER, JJ.


THORNTON, Judge.

Plaintiff, a national guardsman who was on two weeks' active duty for training purposes at Camp Withycombe, was injured when an armored personnel carrier belonging to the Oregon National Guard and being operated by defendant Matchett, a fellow guardsman, struck plaintiff's automobile and injured plaintiff.

The issue presented is whether the trial judge erred in granting defendants' motion for summary judgment.

Defendants, in support...

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