RYNEARSON v. FIRESTONE TIRE & RUBBER CO.

No. 74-4170; CA 13696.

607 P.2d 738 (1979)

43 Or.App. 943

Daniel Leroy RYNEARSON, Appellant, v. FIRESTONE TIRE & RUBBER COMPANY; GRANT MOTORS, Inc.; Edward E. Mansell and Darrell J. Mansell, Dba Mansell Recapping, Respondents.

Court of Appeals of Oregon.

Decided December 31, 1979.


Attorney(s) appearing for the Case

Daniel W. Goff, Eugene, argued the cause for appellant. On the brief were Douglas A. Brown and Husband, Johnson, Fechtel & Goff, Eugene.

James H. Clarke, Portland, argued the cause for respondents Firestone Tire & Rubber Company and Grant Motors, Inc. With him on the brief were Spears, Lubersky, Campbell & Bledsoe, Edwin A. Harnden and Frank M. Parisi, Portland.

Edward V. O'Reilly, Eugene, argued the cause and filed the brief for respondents Edward E. Mansell and Darrell J. Mansell, dba Mansell Recapping.

Before TANZER, P.J., and THORNTON and CAMPBELL, JJ.


TANZER, Presiding Judge.

Plaintiffs appeal from an order granting judgment for defendants on the grounds of collateral estoppel. We reverse.

The cause of action arose from an accident allegedly caused by a defective tire of an automobile in which plaintiff was a passenger. Plaintiff and the representative of the driver's estate, Steven Bevard, retained the same attorney who filed separate actions on their behalf against these defendants. Except for allegations...

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