Scovell v. TRK Trans, Inc.

LENT, J.,

specially concurring.

By adoption of the reasoning in Beaver v. Pelett, 299 Or 664, 705 P2d 1149 (1985), the majority holds that the state may be liable for contribution under ORS 18.440(1) but that the fourth amended third party complaint filed by defendant TRK fails to state ultimate facts sufficient to constitute a claim. I disagree with the first holding and agree with the second. I would reach the same result, however, on a different basis.

I do not agree with the majority that the state has consented to be sued in contribution. I agree with the state that a claim for contribution…