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Royal Ins. Co. v. State Trans. Comm

Oregon Supreme Court
Aug 27, 1985
705 P.2d 1144 (Or. 1985)

Opinion

TC 16-83-03206; CA A29388; SC S31476

Argued and submitted April 2, 1985

Reversed and reinstated August 27, 1985

In Banc

On review from the Court of Appeals.

Appeal from Circuit Court, Lane County. William A. Beckett, Judge. 71 Or. App. 221, 691 P.2d 915.

Michael D. Reynolds, Assistant Attorney General, Salem, argued the cause for petitioner on review. With him on the petition were Dave Frohnmayer, Attorney General, and James E. Mountain, Jr., Solicitor General, and Philip Schradle, Assistant Attorney General, Salem.

Richard A. Roseta, Eugene, argued the cause for respondent on review.


LINDE, J.

Reversed. Judgment of Circuit Court reinstated.

Peterson, C.J., filed a concurring opinion.

Lent, J., filed a specially concurring opinion.



The decision of the Court of Appeals is reversed and the judgment of the Circuit Court is reinstated. Beaver v. Pelett, 299 Or. 664, 705 P.2d 1149 (1985).


I concur in the result. See my concurring opinion in Scovell v. TRK Trans, Inc., 299 Or. 679, 705 P.2d 1144 (1985), and my dissenting opinion in Beaver v. Pelett, 299 Or. 664, 705 P.2d 1149 (1985), both decided this date.

From the opinions in these three cases, it appears that six of us agree that the state may be liable in contribution; four of us agree that the "contribution plaintiff" could not, under former ORS 30.275, recover from the state if the injured person fails to give timely notice; and seven of us agree on the extinguishment question.

Roberts and Jones, JJ., join in this concurring opinion.


For the reasons stated in my separate opinion in Scovell v. TRK Trans, Inc., 299 Or. 679, 705 P.2d 1144 (1985), I concur in the result reached by the majority.


Summaries of

Royal Ins. Co. v. State Trans. Comm

Oregon Supreme Court
Aug 27, 1985
705 P.2d 1144 (Or. 1985)
Case details for

Royal Ins. Co. v. State Trans. Comm

Case Details

Full title:ROYAL INSURANCE COMPANIES, Respondent on Review, v. STATE OF OREGON…

Court:Oregon Supreme Court

Date published: Aug 27, 1985

Citations

705 P.2d 1144 (Or. 1985)
705 P.2d 1144

Citing Cases

Southern Pacific Trans. Co. v. City of Portland

As to an action for contribution as a third-party action before discharge of the common liability, see ORCP…

Beaver v. Pelett

LINDE, J. The present case and two others decided today, Scovell v. TRK Trans, Inc., 299 Or. 679, 705 P.2d…