Bartlett v. MacRae

In this action for wrongful death, plaintiff sought recovery on three theories: (1) strict liability; (2) negligence per se under the Oregon Hazardous Substances Act, ORS 453.035 and ORS 453.085; and (3) negligence. The trial court granted defendant’s motion for a directed verdict on the strict liability and negligence per se counts. On the simple negligence count the jury found defendant 30% and decedent 70% negligent. Plaintiff appeals. We affirm.

Plaintiff’s husband died as a result of accidentally drinking poisonous dye used to mark cattle. The dye was prepared by defendant, a…