LASLEY V. COMBINED TRANSPORT, INC. 261 P.3d 1215 (2011) CASE BRIEF

LASLEY V. COMBINED TRANSPORT, INC.

261 P.3d 1215 (2011)

NATURE OF THE CASE: The Court granted Lasley's (P) motion in limine to exclude evidence that Clemmer (D) was intoxicated at the time of the collision. The Oregon Court of Appeals reversed, concluding that the trial court erred in excluding the evidence of D's intoxication. P petitioned for review.

FACTS: A truck owned and operated by D1 lost part of its load on the freeway. Traffic backed up and P was stopped. D drove into P's pickup, causing leaks in its fuel system. The ensuing fire killed P. D denied that it was negligent and that its conduct foreseeably resulted in P's death. D admitted that she was negligent in driving at an unreasonable speed and in failing to maintain a proper lookout and control. D also admitted that her negligence was a cause of P's death. The trial court granted P's motion in limine to exclude evidence that D was intoxicated at the time of the collision. The jury found D1 22 percent at fault and D 78 percent at fault. D1 appealed and the Court of Appeals reversed, concluding that the trial court had erred in excluding the evidence of D's intoxication; the jury was required to consider evidence of the circumstances relating to the accident to determine whether D1's negligence was a substantial factor in causing decedent's death and, if so, to apportion fault between Ds. D's intoxication is relevant to the cause-in-fact determination regarding the conduct of D1, because the jury must consider the 'totality of potentially causative circumstances' in making that determination. Evidence of intoxication is relevant to the apportionment of fault, because it shows blameworthiness. The evidence of D's intoxication shows the degree of D's departure from the standard of care of a reasonable person, and, accordingly, is a proper consideration for the jury in apportioning fault. P appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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