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Torres v. Pacific Power and Light

Oregon Supreme Court
Aug 11, 1987
740 P.2d 792 (Or. 1987)

Opinion

TC L83-2014; CA A35226; SC S33893

Argued and submitted July 7, 1987

Petition for review dismissed as improvidently allowed August 11, 1987

On review from the Court of Appeals.

Appeal from Circuit Court, Douglas County, Honorable Ronald Poole, Judge. 84 Or. App. 412, 734 P.2d 364 (1987).

Robert J. Guarrasi, Eugene, argued the cause and filed the petition for petitioner on review. With him on the petition were James L. Edmunson and Malagon Moore, Eugene.

William G. Wheatley, Eugene, argued the cause and filed the response to the petition on behalf of the respondent on review. With him on the response were Denise G. Fjordbeck and Jaqua, Wheatley, Gallagher Holland, P.C., Eugene.

Before Peterson, C.J., and Lent, Carson, Jones and Gillette, JJ.


MEMORANDUM OPINION

Petition for review dismissed as improvidently allowed. MEMORANDUM OPINION

We allowed review because this case appeared to involve the question whether a defense against liability for harm caused by noncompliance with a mandatory safety regulation must meet the test of McConnell v. Herron, 240 Or. 486, 489-92, 402 P.2d 726 (1965) (i.e. that the defense would excuse noncompliance also against direct enforcement of the regulation), or the test of Resser v. Boise-Cascade Corporation, 284 Or. 385, 392, 587 P.2d 80 (1978), cited by the Court of Appeals. Examination of the proceedings below now shows that this issue was not properly preserved and presented for review. The petition for review is dismissed as improvidently allowed.


Summaries of

Torres v. Pacific Power and Light

Oregon Supreme Court
Aug 11, 1987
740 P.2d 792 (Or. 1987)
Case details for

Torres v. Pacific Power and Light

Case Details

Full title:TORRES, Petitioner on Review, v. PACIFIC POWER AND LIGHT, Respondent on…

Court:Oregon Supreme Court

Date published: Aug 11, 1987

Citations

740 P.2d 792 (Or. 1987)
740 P.2d 792

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