Duerst v. Limbocker

Plaintiff was injured while riding in defendant’s automobile. She alleged in her complaint that she was “riding as a guest passenger without payment to defendant” and that defendant “was negligent” in various respects. Defendant demurred to the complaint on the ground that under ORS 30.115, ① Oregon’s Guest Passenger Statute, “no person transported as a guest passenger without payment shall have a cause of action for damages for personal injury upon ordinary negligence.” The trial court sustained the demurrer and plaintiff refused to plead over. The trial court then entered a judgment for…