TORRES v. PACIFIC POWER AND LIGHT

Citation Codes

Equivalent Citations

citation codes

Docket Number

TC L83-2014; CA A35226; SC S33893

Attorney(S)

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.

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TORRES, Petitioner on Re v. ew,

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.

TORRES, Petitioner on Re v. ew,

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