Powell v. Hartman

This was a negligence action for property damaged arising out of an automobile collision. From the resulting judgment for plaintiff, defendant appeals, making three assignments of error. In view of the disposition we make of the case, we are only required to address the first one.

We reverse.

The parties agree to the pertinent facts. This action arises out of a collision in Corvallis on August 13, 1976, between a 1974 Capri owned by plaintiff and operated by plaintiffs daughter, Lou Anne Powell, and a 1974 Pontiac owned and operated by defendant. Plaintiff filed a complaint alleging the…