Torres v. Pacific Power and Light

• Decision Date: 11 August 1987
• Citation: 304 Or. 1,740 P.2d 792
• Parties: Glen TORRES, Petitioner on review, v. PACIFIC POWER AND LIGHT, Respondent on review. TC L83-2014; CA A35226; SC S33893.
• Court: Oregon Supreme Court

Page 792

740 P.2d 792

304 Or. 1

Glen TORRES, Petitioner on review, v. PACIFIC POWER AND LIGHT, Respondent on review.

TC L83-2014; CA A35226; SC S33893.

Supreme Court of Oregon.

Argued and Submitted July 7, 1987.

Decided Aug. 11, 1987.

Robert J. Guarrasi, Eugene, argued the cause and filed the petition for petitioner on review. With him on the petition were James L. Edmunson and Malagon & Moore, Eugene.

William G. Wheatley, Eugene, argued the cause and filed the response to the petition on behalf of the respondent on review. With him on the response were Denise G. Fjordbeck and Jaqua, Wheatley, Gallagher & Holland, P.C., Eugene.

Prior report: 84 Or.App. 412, 734 P.2d 364.

Before PETERSON, C.J., and LENT, CARSON, JONES and GILLETTE, JJ.

MEMORANDUM OPINION.

We allowed review because this case appeared to involve the question whether a defense against liability for harm caused by noncompliance with a mandatory safety regulation must meet the test of McConnell v. Herron, 240 Or. 486, 489-92, 402 P.2d 726 (1965) (i.e. that the defense would excuse noncompliance also against direct enforcement of the regulation), or the test of Resser v. Boise-Cascade Corporation, 284 Or. 385, 392, 587 P.2d 80 (1978), cited by the Court of Appeals. Examination of the proceedings below now shows that this issue was not properly preserved and presented for review. The petition for review is dismissed as improvidently allowed.

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