Robert Leigh v. The United States of America
Opinion
Opinion
On June 7, 1972, Leigh brought this action in negligence under the Federal Tort Claims Act. The district court dismissed because it was barred by Leigh’s contributory negligence. Leigh appeals, contending that Oregon's newly-enacted comparative negligence statute applies retroactively to his claim. We affirm the judgment of the district court.
On June 11, 1970, Leigh was seriously injured when the automobile he was driving collided with the exposed trailing end of a guardrail constructed by the Bureau of Public Roads of the Commerce Department on U. S. Highway 26 in Oregon. A year later the Oregon legislature enacted a comparative negligence statute which eliminated the common law doctrine of contributory negligence as a total bar to a negligence claim. 1971 Or. Laws ch. 668 § 1.
Leigh sued under the Federal Tort Claims Act, 28 U.S.C. §§ 1346 (b), 2674, alleging negligent design, construction, and maintenance of the highway. The case was tried without a jury in November 1973. After the presentation of plaintiff’s evidence, the district judge concluded that Leigh was guilty of contributory negligence and granted the government’s motion to dismiss. Leigh appealed.