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DAHL v. BMW

CC A8207-04151/CA A36181/SC S33946.

748 P.2d 77 (1987)

304 Or. 558

Joseph L. DAHL, Respondent On Review, 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, Petitioners On Review.

Supreme Court of Oregon, In Banc.

Decided December 30, 1987.

Reconsideration Denied February 9, 1988.

Attorney(s) appearing for the Case

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

Robert K. Udziela, Portland, argued the cause for respondent on review. With him on the response to the petition were Dan O'Leary and Pozzi, Wilson, Atchison, O'Leary & Conboy, Portland.

David Gernant, Portland, filed a brief on behalf of amicus curiae Oregon Trial Lawyers Association.

Robert H. Fraser of Luvaas, Cobb, Richards & Fraser, P.C., Eugene, filed a brief on behalf of amicus curiae Oregon Association of Defense Counsel.

Malcom E. Wheeler of Skadden, Arps, Slate, Meagher & Flom, Los Angeles, California, and Ridgway K. Foley, Jr. of Schwabe, Williamson & Wyatt, Portland, filed a brief on behalf of amici curiae Product Liability Advisory Council, Inc., and Motor Vehicle Manufacturers Association of the United States, Inc.

JONES, Justice.

The question presented by this case is whether a defendant in an automobile products liability "crashworthiness" action can introduce evidence that the plaintiff's failure to secure himself with an operable safety belt caused or contributed to plaintiff's injuries. The trial court refused to allow such evidence to be submitted to the jury. The Court of Appeals affirmed. Dahl v. BMW,

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