Waldron v. Thompson

• Decision Date: 18 April 1978
• Citation: 282 Or. 151,577 P.2d 77
• Parties: Myrna WALDRON, Appellant, v. Paul D. THOMPSON and Thomas Weir, Respondents, McNary Public Golf Course of Salem, Inc., an Oregon Corporation, Defendant.
• Court: Oregon Supreme Court

Page 77

577 P.2d 77

282 Or. 151

Myrna WALDRON, Appellant, v. Paul D. THOMPSON and Thomas Weir, Respondents McNary Public Golf Course of Salem, Inc., an Oregon Corporation, Defendant.

Supreme Court of Oregon, Department 2.

Argued and Submitted Jan. 11, 1978.

Decided April 18, 1978.

Burl L. Green, Portland, argued the cause for appellant. On the briefs were Robert W. O'Connor and Charles J. McClure, Tigard, and Green & Griswold, Portland.

Frank L. Whitaker, of Whitaker & Whitaker, P. C., Portland, argued the cause for respondents. With him on the brief was Kent C. Whitaker, Portland.

Before DENECKE, C. J., TONGUE, and BRYSON, JJ., and RICHARDSON, J. Pro Tem.

BRYSON, Justice.

Plaintiff brought this action to recover damages for injuries suffered when she was ejected from a golf cart. Plaintiff appeals from a judgment of involuntary nonsuit entered in favor of defendants.

Plaintiff's sole assignment of error is that the court erred in granting defendants' motion.

Defendants' motion for nonsuit concedes as true all competent evidence adduced on plaintiff's behalf with all reasonable intendments to be deduced therefrom. We view the evidence in the light most favorable to the plaintiff. Bernard v. National Guaranty Ins., 270 Or. 827, 829, 530 P.2d 74 (1974).

Plaintiff was paying for and taking golf lessons from Thompson, the assistant professional at defendant golf course. Defendant Thompson was in the golf cart when plaintiff arrived for the lesson. Plaintiff testified, "he (Thompson) said, 'Jump in,' and I said, 'Jeepers, this is a new experience, I have never been in a golf cart before.' And we went out to the" twelfth hole. After playing the twelfth hole, Thompson parked the golf cart to the left of the green. When they got into the golf cart to return to the club house, plaintiff sat with her head turned toward Thompson. Thompson drove the cart up a small incline and with no warning to plaintiff turned the cart to the left. This ejected plaintiff from the cart, causing her injuries. Plaintiff was asked to describe the left turn. She testified, "it was sharp enough that I was ejected from the cart." She testified that she could not remember the exact degree of the turn because "it happened too quickly." She further testified:

"A I was aware of the turn as I fell because I am just positive that the cart was going this way and I went this way at an angle. (Gesturing.)"

She further testified:

"A I just know we were turning left and all of a sudden it was a fairly sharp turn."

In arguing their motion for an involuntary nonsuit to the court, defendants relied on Miller v. Robinson, 241 Md. 335, 216 A.2d 43, 17 A.L.R.3d 1425 (1966). In ruling on defendants' motion, the court stated:

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