Stuart v. Kelsay

This is a wrongful death action for the benefit of the estate of the decedent Larry Gene Williamson against the estate of Daniel Walter Niehol, deceased (ORS 30.020).

Williamson and Niehol, both minors, were in an automobile at the time it left the road at a high rate of speed and hit a tree. The car disintegrated and both died as a result of the accident. The jury returned a verdict for the defendant. Plaintiff appeals.

A paramount issue in the case was which occupant, Niehol or Williamson, was driving the vehicle at the time of the accident. Plaintiff contended Niehol was driving. Defendant…