Johnson v. Tilden

The case for decision presents the single issue whether the comparative fault statute, ORS 18.470, 1 applies to cases governed by the guest passenger statute, ORS 30.115. 2

The guest passenger statute provides that a person who is injured while being transported as a guest in a motor vehicle shall not have a cause of action against the vehicle’s owner or operator, "unless the accident was intentional on the part of the owner or operator or caused by his gross negligence or intoxication.” In the present case plaintiff’s action was premised on defendant’s gross negligence and intoxication. We…