Richards v. Dahl

I concur in the majority opinion but wish to add two thoughts not covered therein.

My recollection is, and my notes show, that one of the reasons we allowed review in this case was because of a general impression shared by the members of this court that trial courts were overusing summary judgment procedure in disposing of actions for damages for alleged negligence.1 Given our opinion in Stewart v. Jefferson Plywood Co., 255 Or 603, 469 P2d 783 (1970),2 which indicates that this court believes that it is the rare negligence case which should be taken from the jury to hold for either plaintiff…