ROYAL INS. CO. v. STATE TRANS. COMM

Citation Codes

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Docket Number

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

Attorney(S)

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.

Judges

PETERSON, C.J., concurring.

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ROYAL INSURANCE COMPANIES, Respondent on Re v. ew,

LINDE, J.

Reversed. Judgment of Circuit Court reinstated.

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

Lent, J., filed a specially concurring opinion.

LINDE, J.

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).

PETERSON, C.J., concurring.

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.

LENT, J., specially concurring.

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.

ROYAL INSURANCE COMPANIES, Respondent on Re v. ew,

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