SUMNER v. COE

No. A7708 11794; CA 11689.

596 P.2d 617 (1979)

40 Or.App. 815

Alfred C. SUMNER, Appellant, v. Scott COE, Respondent.

Court of Appeals of Oregon.

Decided June 25, 1979.


Attorney(s) appearing for the Case

Dennis H. Elliott, Portland, argued the cause for appellant. With him on the briefs were O'Connell, Goyak, Hagen, Elliott & Krage, P.C., Portland.

James M. Callahan, Portland, argued the cause for respondent. With him on the brief were Gearin, Landis & Aebi and David C. Landis, Portland.

Before SCHWAB, C.J., and THORNTON, GILLETTE, and CAMPBELL, JJ.


GILLETTE, Judge.

In this personal injury action for damages caused when plaintiff fell from the hood of defendant's car (upon which plaintiff had been riding), plaintiff appeals the trial court's granting of summary judgment for defendant. We reverse.

We draw our statement of the facts from plaintiff's brief:

Both plaintiff and defendant worked at the Fred Meyer, Inc., Rose City store. On June 18, 1976, both plaintiff and defendant had gone off work...

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