No. 80-0708-J-3; CA 18103; SC 27737.

632 P.2d 782 (1981)

291 Or. 475

Holly Jean WHIPPLE, Plaintiff, v. Mark Thomas HOWSER and Thomas C. Howser, Defendants. Mark Thomas HOWSER and Thomas C. Howser, Petitioners, v. Monique BEHRENDT, Respondent.

Supreme Court of Oregon, In Banc.

Decided August 11, 1981.

Attorney(s) appearing for the Case

William E. Duhaime, Medford, argued the cause for petitioners.

John W. Eads, Jr., Medford, argued the cause for respondent. With him on the brief was Frohnmayer, Deatherage, deSchweinitz & Eads, Medford.

Linda J. Rudnick and Clayton C. Patrick, Oregon Trial Lawyers Association, Salem, filed a brief amicus curiae.

TONGUE, Justice.

This is a civil action for damages arising from a two-car accident. Plaintiff was a passenger in one of the cars and named as defendants the owner and driver of the other car. Those defendants filed a third party complaint naming as a third party defendant the driver of the car in which plaintiff was a passenger and alleging that any injuries suffered by plaintiff were the result of negligence by the driver of the car in which she was a passenger...

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