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Hoover v. Montgomery Ward & Co., Inc.

270 Or. 498, 528 P.2d 76 (1974)

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Hoover v. Montgomery Ward & Co., Inc.

Oregon Supreme Court
270 Or. 498, 528 P.2d 76 (1974)

  • Written by Sharon Feldman, JD

Facts

Nelda Hoover (plaintiff) purchased tires from Montgomery Ward & Co., Inc. (Montgomery Ward) (defendant). Montgomery Ward installed the tires. Hoover was injured in a one-car accident and sued Montgomery Ward on theories of negligence and strict liability. Hoover maintained that Montgomery Ward was strictly liable in tort for the negligent installation of the wheel onto the axle, making the automobile unreasonably dangerous for its intended use. The trial court declined to submit the strict-liability issue to the jury. The jury found for Montgomery Ward on the negligence issue. Hoover appealed, alleging that the trial court erred in refusing to submit to the jury the question of strict liability.

Rule of Law

Issue

Holding and Reasoning (Howell, J.)

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