Hoy v. Jackson

Plaintiff filed this action for damages allegedly caused by defendants’ negligence. Defendants moved for summary judgment, claiming that prior litigation between the parties 1 was a bar to the present action under the res judicata or collateral estoppel doctrine. The trial court denied the motion for summary judgment. 2 Defendants filed notice of appeal. Plaintiff has moved to dismiss the appeal on the ground that an order denying a motion for summary judgment is not appealable.

Oregon’s recently enacted summary judgment statute (Oregon Laws 1975, ch 106, p 92, codified as ORS 18.105) is…