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FISHER v. HUCK

No. A7903-01519; CA 16258.

624 P.2d 177 (1981)

50 Or.App. 607

Kenneth F. FISHER, Appellant, v. Jonathan Ray HUCK, Respondent.

Court of Appeals of Oregon, In Banc.

Resubmitted February 12, 1981.

Decided February 23, 1981.

Reconsideration Denied April 9, 1981.

Attorney(s) appearing for the Case

Larry Dawson, Portland, argued the cause and filed the briefs for appellant.

Steven K. Blackhurst, Portland, argued the cause for respondent. With him on the brief was Lindsay, Hart, Neil & Weigler, Portland.

Resubmitted In Banc February 12, 1981.

BUTTLER, Judge.

Plaintiff, as an automobile guest passenger, seeks damages against his host driver for personal injuries sustained by him in a one car collision which occurred in British Columbia, Canada, when the vehicle driven by defendant left the highway when he fell asleep. In his original complaint, plaintiff alleged ordinary negligence in Count One, and gross negligence in Count Two. Defendant demurred to the negligence...

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