Pendergrass v. State of Oregon

The state appeals a judgment for plaintiff following a jury verdict in this wrongful death action. Plaintiffs decedent, while riding a bicycle, was struck and killed by a vehicle driven by Gary Robb. Robb had suffered an epileptic seizure and blacked out just prior to losing control of his vehicle and striking decedent. Robb’s epileptic condition was known to the Motor Vehicle Division (MVD). Plaintiffs theory of liability was that the defendants were negligent in failing to suspend or prevent renewal of Robb’s operator’s license and that their negligence caused the decedent’s death. The…