Fisher v. Huck

*637BUTTLER, J.

Plaintiff, as an automobile guest passenger, seeks damages against his host driver for personal injuries sustained by him in a one car collision which occurred in British Columbia, Canada, when the vehicle driven by defendant left the highway when he fell asleep. In his original complaint, plaintiff alleged ordinary negligence in Count One, and gross negligence in Count Two. Defendant demurred to the negligence claim in Count One relying on ORS 30.115,1 Oregon’s former guest-passenger statute. Plaintiff contended British Columbia law applied, and because British Columbia had…