Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
8 Oregon opinions name it 2 courts 1976–2019 0 in the last five years
The cases below were cited by Oregon courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Lapp v. Rogersgreen2 sentences1998See Lapp v. Rogers, 265 Or 586, 588 , 510 P2d 551 (1973) (stating the rule); Richards, 289 Or at 749 (applying the rule and stating that “[w]e have previously stated that the principles announced in the Restatement of Torts (Second) reflect our views of the law governing the liability of a landlord to a tenant”). 4 The concurring opinion in Richards noted that the court’s decision in Lapp predated the legislature’s abolition of the doctrine of implied assumption of risk in 1975, that section 358 arguably “carries with it some of the trappings of implied assumption of risk[,]” and that, if it d 1998See Lapp v. Rogers, 265 Or 586, 588 , 510 P2d 551 (1973) (stating the rule); Richards, 289 Or at 749 (applying the rule and stating that “[w]e have previously stated that the principles announced in the Restatement of Torts (Second) reflect our views of the law governing the liability of a landlord to a tenant”). 4 The concurring opinion in Richards noted that the court’s decision in Lapp predated the legislature’s abolition of the doctrine of implied assumption of risk in 1975, that section 358 arguably “carries with it some of the trappings of implied assumption of risk[,]” and that, if it d | 1 | 1 |
City of Klamath Falls v. Wintersgreen2 sentences1998See Lapp v. Rogers, 265 Or 586, 588 , 510 P2d 551 (1973) (stating the rule); Richards, 289 Or at 749 (applying the rule and stating that “[w]e have previously stated that the principles announced in the Restatement of Torts (Second) reflect our views of the law governing the liability of a landlord to a tenant”). 4 The concurring opinion in Richards noted that the court’s decision in Lapp predated the legislature’s abolition of the doctrine of implied assumption of risk in 1975, that section 358 arguably “carries with it some of the trappings of implied assumption of risk[,]” and that, if it d 1998See Lapp v. Rogers, 265 Or 586, 588 , 510 P2d 551 (1973) (stating the rule); Richards, 289 Or at 749 (applying the rule and stating that “[w]e have previously stated that the principles announced in the Restatement of Torts (Second) reflect our views of the law governing the liability of a landlord to a tenant”). 4 The concurring opinion in Richards noted that the court’s decision in Lapp predated the legislature’s abolition of the doctrine of implied assumption of risk in 1975, that section 358 arguably “carries with it some of the trappings of implied assumption of risk[,]” and that, if it d | 1 | 1 |
Yates v. Largegreen2 sentences1986See Yates v. Large, 284 Or 217, 223 , 585 P2d 697 (1978); Anderson v. Portland Comm. College, 37 Or App 817, 820 , 588 P2d 128 , rev den 285 Or 195 (1979). 1986See Yates v. Large, 284 Or 217, 223 , 585 P2d 697 (1978); Anderson v. Portland Comm. College, 37 Or App 817, 820 , 588 P2d 128 , rev den 285 Or 195 (1979). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Oregon. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Partain
green
2 sentences2019CR-CL L Rev 197 (1994). 2 In State v. Partain, 349 Or 10, 21 , 239 P3d 232 (2010), the Supreme Court recalled: “For a number of years, the court relied on what it called a ‘rule of lenity.’ That rule, which also was prudential, was used by the court in doubtful cases as a basis for giving criminal statutes a limited reading—i.e., for limiting the sweep of legislative enactments.” *358 construction.3 And, third, the abolition of the rule as a matter of statutory construction does not mean that the rule should survive by analogy to be extended to agreements whose violation is a statutory offense 2019CR-CL L Rev 197 (1994). 2 In State v. Partain, 349 Or 10, 21 , 239 P3d 232 (2010), the Supreme Court recalled: “For a number of years, the court relied on what it called a ‘rule of lenity.’ That rule, which also was prudential, was used by the court in doubtful cases as a basis for giving criminal statutes a limited reading—i.e., for limiting the sweep of legislative enactments.” *358 construction.3 And, third, the abolition of the rule as a matter of statutory construction does not mean that the rule should survive by analogy to be extended to agreements whose violation is a statutory offense | 1 | 2019–2019 |
Vandeveere-Pratt v. Portland Habilitation Center, Inc.
green
1 sentence2015Id. at 564-65 ; see ORS 31.620(2) (“The doctrine of implied assumption of the risk is abolished.”). | 1 | 2015–2015 |
Hurwitch v. Adams
green
1 sentence2012After explaining that it had held in Lewis that the one-year statute of limitation and the tolling statute operate completely independently of each other, the court went on to conclude that the tolling statute does not toll the relevant statute of limitation when a defendant is subject to service of process in Delaware. 155 A2d at 594 . | 1 | 2012–2012 |
Heino v. Harper
green
1 sentence1991If, however, the abolition of the immunity was only a change in procedure, we apply the law existing at the time that the lawsuit was filed, and her action would not be barred. 2 The Heino court acknowledged the difficulty of distinguishing between substantive and procedural impediments to the ability to bring a cause of action. 306 Or at 353 . | 1 | 1991–1991 |
Anderson v. Portland Community College
neutral
2 sentences1986See Yates v. Large, 284 Or 217, 223 , 585 P2d 697 (1978); Anderson v. Portland Comm. College, 37 Or App 817, 820 , 588 P2d 128 , rev den 285 Or 195 (1979). 1986See Yates v. Large, 284 Or 217, 223 , 585 P2d 697 (1978); Anderson v. Portland Comm. College, 37 Or App 817, 820 , 588 P2d 128 , rev den 285 Or 195 (1979). | 1 | 1986–1986 |
Blair v. Mt. Hood Meadows Development Corp.
green
2 sentences1984Hood Meadows Development Corp., 291 Or. 293 , 630 P.2d 827 (1981), a cause accruing after 1975, stands for the continued vitality of the Restatement rules. 1984Hood Meadows Development Corp., 291 Or. 293 , 630 P.2d 827 (1981), a cause accruing after 1975, stands for the continued vitality of the Restatement rules. | 1 | 1984–1984 |
Katter v. Jack's Datsun Sales, Inc.
green
2 sentences1984Although assumption of risk is eliminated by such statutes, it may be held that the defense of contributory negligence is still open to the defendant; or, as under the present form of the Federal Employers' Liability Act, contributory negligence may remain as a partial defense, reducing the damages in proportion to the fault. * * *" Restatement (Second) of Torts § 496A, comment c. [6] The injury involved in Katter v. Jack's Datsun Sales, Inc., 279 Or. 161 , 566 P.2d 509 (1977), occurred in 1974, after the enactment of original ORS 18.470 but prior to its 1975 amendment and the abolition of the 1984Although assumption of risk is eliminated by such statutes, it may be held that the defense of contributory negligence is still open to the defendant; or, as under the present form of the Federal Employers' Liability Act, contributory negligence may remain as a partial defense, reducing the damages in proportion to the fault. * * *" Restatement (Second) of Torts § 496A, comment c. [6] The injury involved in Katter v. Jack's Datsun Sales, Inc., 279 Or. 161 , 566 P.2d 509 (1977), occurred in 1974, after the enactment of original ORS 18.470 but prior to its 1975 amendment and the abolition of the | 1 | 1984–1984 |
Barnum v. Williams
green
2 sentences1976In Barnum v. Williams, 264 Or 71 , 504 P2d 122 (1972), the court eliminated a part of the objectionable features of the doctrine but retained the basic idea that the violation of a statute is given a special effect in tort cases in the form of creating a presumption of negligence. 1976In Barnum v. Williams, 264 Or 71 , 504 P2d 122 (1972), the court eliminated a part of the objectionable features of the doctrine but retained the basic idea that the violation of a statute is given a special effect in tort cases in the form of creating a presumption of negligence. | 1 | 1976–1976 |
Henthorne v. Hopwood
green
2 sentences1976In my specially concurring opinion in Henthorne v. Hopwood, et al, 218 Or 336, 339 , 338 P2d 373 , 345 P2d 249 (1959), and again in my dissent in McConnell v. Herron, 240 Or 486, 494 , 402 P2d 726 (1965), I stated my reasons for the abolition of the doctrine. 1976In my specially concurring opinion in Henthorne v. Hopwood, et al, 218 Or 336, 339 , 338 P2d 373 , 345 P2d 249 (1959), and again in my dissent in McConnell v. Herron, 240 Or 486, 494 , 402 P2d 726 (1965), I stated my reasons for the abolition of the doctrine. | 1 | 1976–1976 |
McConnell v. Herron
green
2 sentences1976In my specially concurring opinion in Henthorne v. Hopwood, et al, 218 Or 336, 339 , 338 P2d 373 , 345 P2d 249 (1959), and again in my dissent in McConnell v. Herron, 240 Or 486, 494 , 402 P2d 726 (1965), I stated my reasons for the abolition of the doctrine. 1976In my specially concurring opinion in Henthorne v. Hopwood, et al, 218 Or 336, 339 , 338 P2d 373 , 345 P2d 249 (1959), and again in my dissent in McConnell v. Herron, 240 Or 486, 494 , 402 P2d 726 (1965), I stated my reasons for the abolition of the doctrine. | 1 | 1976–1976 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.