OSTERMAN v. OSGOOD

9201-00124; CA A78310.

858 P.2d 893 (1993)

123 Or. App. 30

Robert OSTERMAN and Christine Osterman, husband and wife, Appellants, v. Clarence OSGOOD, Lee Larson, Allen Lee Osborne, Defendants, and Volvo North America, Inc., a Delaware corporation, Respondent.

Court of Appeals of Oregon.

Decided September 1, 1993.

Reconsideration Denied October 13, 1993.

Review Denied October 26, 1993.


Attorney(s) appearing for the Case

Kathryn H. Clarke, Portland, argued the cause for appellants. With her on the briefs were Maureen Leonard and Linda J. Rudnick, Portland, for appellant Christine Osterman, Martin D. Sharp, Gresham, and Walter H. Sweek and Cosgrave Vergeer & Kester, Portland, for appellant Robert Osterman.

Donald C. McClain, Tigard, argued the cause for respondent. With him on the brief was McClain & Rayburn, Tigard.

Before WARREN, P.J., and EDMONDS and LANDAU, JJ.


WARREN, Presiding Judge.

Plaintiffs were injured in a chain-reaction auto accident. One of the cars involved was driven by Osborne and owned by his employer, Volvo North America, Inc. (Volvo). Plaintiffs sued Osborne, Volvo and two other drivers.1 The theory of liability against Volvo was that it was vicariously liable under the doctrine of respondeat superior. Volvo moved for summary judgment. The trial court granted the motion...

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