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Bailey v. Lewis Farm, Inc.

Oregon Supreme Court
171 P.3d 336 (2007)


Facts

Lewis Farm, Inc. (defendant) bought a used tractor-trailer from May Trucking Company (defendant). About a year later, one of the axles broke. The wheels came off and bounced into oncoming traffic, hitting Jerome Bailey’s (plaintiff’s) car and causing injury. Bailey sued May Trucking on the theory that its negligent maintenance over the six years and 500,000 miles it owned the truck substantially contributed to the axle failure. The trial court granted May Trucking’s motion to dismiss on the ground that it sold the truck to Lewis Farm a year before the accident. Bailey appealed.

Rule of Law

Issue

Holding and Reasoning (Kistler, J.)

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