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Erwin v. Thomas

Oregon Supreme Court
506 P.2d 494 (1973)


Facts

Washington resident Erwin was injured in Washington by Oregon resident Wilbur Thomas. Mrs. Erwin (plaintiff) sued Thomas in an Oregon state court for loss of consortium. The state of Washington subscribed to the common law rule prohibiting a wife from suing for loss of consortium. The state of Oregon had modified that rule so as to allow wives to sue. The Oregon trial court ruled against Mrs. Erwin. She appealed.

Rule of Law

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Issue

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Holding and Reasoning (Holman, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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Dissent (Bryson, J.)

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