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DAHL v. BMW

A8207-04151; CA A36181.

734 P.2d 387 (1987)

84 Or. App. 483

Joseph L. DAHL, Respondent, v. Bayerische Motoren Werke (BMW), a Foreign Corporation; Bmw of North America, Inc., a Corporation; and Roth Motor Company, Inc., Dba Roth Bmw, an Oregon Corporation, Appellants.

Court of Appeals of Oregon.

Decided March 25, 1987.

Reconsideration Denied May 15, 1987.

Attorney(s) appearing for the Case

E. Richard Bodyfelt, Portland, argued the cause for appellants. With him on the briefs were Roger K. Stroup and Bodyfelt, Mount, Stroup & Chamberlain, Portland.

Robert K. Udziela, Portland, argued the cause for respondent. With him on the brief was Pozzi, Wilson, Atchison, O'Leary & Conboy, Portland.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

WARREN, Judge.

In this products liability crashworthiness action against an automobile manufacturer and its distributors, defendants appeal the striking of an affirmative defense that plaintiff contributed to his injuries because he failed to use the seat belts provided in the allegedly defective automobile.

The basic facts are not disputed. Plaintiff was driving his car at night when it went out of control and crashed through a fence. He was thrown from the...

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