Waybrant v. Bernstein

The Supreme Court reversed our dismissal of plaintiffs appeal and remanded this case to us. Waybrant v. Bernstein, 294 Or 650, 661 P2d 931 (1983).1 It stated the facts:

“The plaintiffs decedent was fatally injured in a one-car accident while riding as a passenger. The driver, Randolph DeMary, was also killed. For the purpose of prosecuting a wrongful death action against DeMary, the plaintiff petitioned the Clackamas County Circuit Court for an order opening DeMary’s estate and appointing a personal representative. ORS 113.035. The defendant was appointed the DeMary estate’s personal…