This section contains the nature of the case and procedural background.

P suffered extensive burns when a pickup truck that she was driving overturned and caught fire. P claimed that the accident was caused by a defective tire manufactured by defendant Uniroyal, Inc., (D) and mounted on the truck by The Tire Factory (D). Ds filed answers alleging that P's own negligence caused her injuries. The trial court submitted Ds' allegations to the jury with instructions to reduce or deny P's damage claim if P's injuries resulted in part or predominantly from her own fault. Ds were found by the jury to be 55 percent at fault. P was found to be 45 percent at fault. The jury awarded P a percentage of her actual damages. The Court of Appeals reversed. It held that a recovery of damages for injuries caused by a defective product is not barred or reduced by P's ordinary contributory negligence under Oregon's proportionate fault statute. The Supreme Court granted review.

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