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JOHNSON v. TILDEN

562 P.2d 1188 (1977)

278 Or. 11

Kathleen A. JOHNSON, through Her Guardian Ad Litem, Sandra Johnson, Respondent, v. Patrick James TILDEN, Appellant.

Supreme Court of Oregon, In Banc.

Decided April 19, 1977.

Attorney(s) appearing for the Case

R.M. Atkinson, Legal Aid Service, Portland, argued the cause and filed the briefs for appellant.

No appearance for respondent.

Charles D. Burt, Oregon Trial Lawyers Ass'n, Salem, filed a brief as amicus curiae. On the brief were J. Michael Alexander, and Brown, Burt & Swanson, P.C., Salem.

HOLMAN, Justice.

The case for decision presents the single issue whether the comparative fault statute, ORS 18.470,1 applies to cases governed by the guest passenger statute, ORS 30.115.2

The guest passenger statute provides that a person who is injured while being transported as a guest in a motor vehicle shall not have a cause of action against the vehicle's owner or operator, "unless the accident...

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