Kruse v. Fitzpatrick

Plaintiff brings this action to recover damages for personal injuries suffered when she was struck by an automobile operated by defendant. Plaintiffs complaint alleged that defendant was negligent. Defendant’s answer alleged that plaintiff "was a guest in defendant’s vehicle within the meaning of ORS 30.115.” The trial court granted summary judgment for defendant, finding as a matter of law that plaintiff was a guest within the meaning of ORS 30.115. Plaintiff appeals.

The facts are uncontested and reveal that plaintiff was struck while crossing her driveway in front of defendant’s stopped…