Bogue v. McKibben

The court is again back in the business of tinkering with what constitutes gross negligence. Prior to 1960 this court had evolved a pattern, by the process of adjudicating factual situations, by which one who regularly engaged in litigation could, with some degree of success, prognosticate results in a given set of circumstances. Upon this scene burst the decision of Williamson v. McKenna, 223 Or 366, 354 P2d 56 (1960), which, following a complete reexamination of the subject, described gross negligence (previously described as greater or more than ordinary negligence) as being the equivalent…