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TORRES v. PACIFIC POWER AND LIGHT

TC L83-2014; CA A35226; SC S33893.

740 P.2d 792 (1987)

304 Or. 1

Glen TORRES, Petitioner On Review, v. PACIFIC POWER AND LIGHT, Respondent On Review.

Supreme Court of Oregon.

Decided August 11, 1987.

Attorney(s) appearing for the Case

Robert J. Guarrasi, Eugene, argued the cause and filed the petition for petitioner on review. With him on the petition were James L. Edmunson and Malagon & Moore, Eugene.

William G. Wheatley, Eugene, argued the cause and filed the response to the petition on behalf of the respondent on review. With him on the response were Denise G. Fjordbeck and Jaqua, Wheatley, Gallagher & Holland, P.C., Eugene.

Before PETERSON, C.J., and LENT, CARSON, JONES and GILLETTE, JJ.

MEMORANDUM OPINION.

We allowed review because this case appeared to involve the question whether a defense against liability for harm caused by noncompliance with a mandatory safety regulation must meet the test of McConnell v. Herron, 240 Or. 486, 489-92, 402 P.2d 726 (1965) (i.e. that the defense would excuse noncompliance also against direct enforcement of the regulation), or the test...

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