MILLER v. CITY OF PORTLAND

No. A7602-02459; CA 10332; SC 26194.

604 P.2d 1261 (1980)

288 Or. 271

Darlene M. MILLER, Plaintiff, v. CITY OF PORTLAND and Donald R. Lind, Defendants. CITY OF PORTLAND and Donald R. Lind, Third Party Plaintiffs/Respondents, v. David L. ALHADEFF and Carolyn Alhadeff, dba Dave's Rallye, Third Party Defendants/Petitioners.

Supreme Court of Oregon.

Decided January 8, 1980.


Attorney(s) appearing for the Case

Elizabeth K. Reeve, Portland, argued the cause for third party defendants/petitioners. With her on the petition were Wayne A. Williamson, Ridgway K. Foley, Jr., and Souther, Spaulding, Kinsey, Williamson & Schwabe, Portland. On the brief were Ridgway K. Foley, Jr., Steven H. Pratt, and Souther, Spaulding, Kinsey, Williamson & Schwabe, Portland.

John S. Cavanagh, Portland, argued the cause for third party plaintiffs/respondents. With him on the briefs were Andy Griffith, and Jones, Lang, Klein, Wolf & Smith, Portland.

Before DENECKE, C.J., and HOLMAN, HOWELL, LENT, LINDE and PETERSON, JJ.


HOLMAN, Justice.

This is a third party action brought by the City of Portland and one of its police officers against the operators of a tavern. The city and the officer (hereinafter the City) were sued for damages resulting from personal injuries arising out of a traffic accident in which a police car, driven by the officer, collided with a motorcycle operated by Brian Kolibaba and on which Darleen Miller was a passenger. Miller sued the City, and the City made the...

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