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ENGELLAND v. JOHNSTONE

No. 37439; CA 18670; SC 27792.

632 P.2d 795 (1981)

291 Or. 501

Robert ENGELLAND, Personal Representative of the Estate of Rhonda Kay Engelland, Deceased, Petitioner, v. John C. JOHNSTONE, Jr., and John Scott Johnstone, Respondents.

Supreme Court of Oregon, In Banc.

Decided August 11, 1981.

Attorney(s) appearing for the Case

J. Michael Alexander, Salem, argued the cause for petitioner. With him on the briefs were Brown, Burt, Swanson & Lathen, Salem.

Sam F. Speerstra, Salem, argued the cause for respondents. With him on the brief were Sarah K. Rinehart, Certified Law Student, and Rhoten, Rhoten & Speerstra, Salem.

TONGUE, Justice.

This is one of three cases in which we are asked to decide whether the 1979 Oregon legislature intended that its repeal of the Guest Passenger Act with regard to motor vehicles be applied retroactively to actions accrued before, but commenced after, October 3, 1979, the effective date of the repeal. It involves a wrongful death action couched in ordinary negligence and arising from an automobile accident which occurred on December 17, 1977. Plaintiff...

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