Sandford v. Chevrolet
Supreme Court of Oregon
642 P.2d 624 (1982)
Mildred Sandford (plaintiff) was badly burned when her truck overturned and caught fire, allegedly due to a defective tire manufactured by Uniroyal and mounted by The Tire Factory (defendants), along with the truck's manufacturer, Chevrolet; the defendants argued Sandford's own negligence caused the accident. The jury apportioned fault at 55 percent to Uniroyal and The Tire Factory combined and 45 percent to Sandford, awarding her a reduced share of damages. The court of appeals reversed, reading the state's proportionate-fault statute to bar any reduction of products-liability damages for a plaintiff's ordinary negligence, and the Oregon Supreme Court granted review.
Whether a plaintiff may recover on a products-liability claim when the plaintiff's own fault is less than the defendants' combined fault.