Mills v. Brown

This is a personal injury action arising out of a three-vehicle accident. The issue is whether Oregon’s comparative fault statutes, ORS 18.470 and 18.480, require that the fact-finder consider the fault of persons not in the case when making the comparative fault determination.

Plaintiff was injured when his car was struck from behind by a car driven by John Earnest Humphreys. Humphreys died four months later from heart failure unrelated to the accident. Plaintiff commenced an action against the estate of Humphreys and the driver and owners of a truck which had stopped on the roadway after…