VAN OSDOL v. KNAPPTON

A8401-00492; CA A33656.

699 P.2d 1176 (1985)

73 Or.App. 684

James VAN OSDOL, Appellant, v. KNAPPTON Corporation, a Delaware Corporation, Respondent, Joseph Lawrence Eubanks, Defendant.

Court of Appeals of Oregon.

May 22, 1985.


Attorney(s) appearing for the Case

Raymond J. Conboy, Portland, argued the cause for appellant. With him on the brief were Frank Pozzi and Pozzi, Wilson, Atchison, O'Leary & Conboy, Portland.

Cynthia S.C. Shanahan, Portland, argued the cause for respondent. With her on the brief were Richard J. Kuhn and Schwabe, Williamson, Wyatt, Moore & Roberts, Portland.

Before GILLETTE, P.J., JOSEPH, C.J., and YOUNG, J.


GILLETTE, Presiding Judge.

This is a personal injury action arising out of a collision between plaintiff's car and one driven by defendant Eubanks. Plaintiff joined Knappton Corporation, Eubank's employer, as a defendant on a theory of respondeat superior. The court granted Knappton's motion for summary judgment, holding that the facts demonstrated as a matter of law that the doctrine is not applicable. Finding no just reason for delay, the court then directed...

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