PENDERGRASS v. STATE OF OREGON

No. A8003-01190; CA A24279.

675 P.2d 505 (1984)

66 Or.App. 607

Paula A. PENDERGRASS, Personal Representative of the Estate of Lawrence V. Pendergrass, Jr., Deceased, Respondent, v. STATE OF OREGON, Motor Vehicles Division, Appellant.

Court of Appeals of Oregon.

Decided January 25, 1984.


Attorney(s) appearing for the Case

Virginia L. Linder, Asst. Atty. Gen., Salem, argued the cause, for appellants. With her on briefs were Dave Frohnmayer, Atty. Gen., Stanton F. Long, Deputy Atty. Gen., and William F. Gary, Sol. Gen., Salem.

I. Franklin Hunsaker, Portland, argued the cause, for respondent. With him on brief were Ronald G. Stephenson, and Bullivant, Wright, Leedy, Johnson, Pendergrass & Hoffman, Portland.

Before RICHARDSON, P.J., and VAN HOOMISEN and NEWMAN, JJ.


RICHARDSON, Presiding Judge.

The state appeals a judgment for plaintiff following a jury verdict in this wrongful death action. Plaintiff's decedent, while riding a bicycle, was struck and killed by a vehicle driven by Gary Robb. Robb had suffered an epileptic seizure and blacked out just prior to losing control of his vehicle and striking decedent. Robb's epileptic condition was known to the Motor Vehicle Division (MVD). Plaintiff's theory of liability was that the...

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