Boden v. Ford Motor Co.

In this negligence case, plaintiff appeals from a judgment, entered pursuant to ORCP 67B, in favor of defendant West Coast Auto Salvage Auction, Inc. (West Coast). The judgment was entered after the trial court dismissed the third amended complaint for failure to allege facts sufficient to constitute a claim. ORCP 21A(8). We reverse.

We accept the facts pleaded by plaintiff as true. Sommerfeldt v. Trammell, 74 Or App 183, 187, 702 P2d 430 (1985). On August 30, 1979, plaintiffs van burst into flames after it was rear-ended by another vehicle. Plaintiff was injured. He brought a negligence claim…