Lasley v. Combined Transp., Inc.

234 Or. App. 11, 227 P.3d 1200 (2010)

 

RULE:

Whether any particular cause, or any individual actor's conduct, is sufficiently substantial to warrant the imposition of liability depends on a consideration of the whole.

FACTS:

A truck owned by the trucking company dropped 12,000 pounds of glass onto the highway; traffic was stopped while emergency responders took an hour to clean up the highway. Defendant intoxicated driver struck decedent's vehicle from behind. In a wrongful death action, the jury found the trucking company 22 percent at fault and the intoxicated driver 78 percent at fault.

ISSUE:

Is Combined Transport liable for the death of the decedent for its accidental spill?

ANSWER:

Yes.

CONCLUSION:

The court found that Combined Transport is 22 percent liable for the glass spill and is supplemental to Clemmer’s 78 percent liability for her DUII and previous conviction of the same that both caused the death of Lasley.

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