Greist v. Phillips

Plaintiff, the personal representative of her son’s estate, brought this action for wrongful death. On June 14, 1989, plaintiff, her son and Tripp, aunt of the decedent, were returning to Oregon from California over the Siskiyou Pass in a Volkswagen Vanagon. Defendant Phillips was also travel-ling north over the pass, driving a five-axle truck and trailer owned by defendant Lightning Transportation, Inc. The truck and trailer had a gross weight of more than 75,000 pounds. The truck had bad brakes. 1 About 4:30 p.m., as Phillips was descending from the pass, the truck lost its brakes. Phillips…