specially concurring.
I concur in the result of the majority opinion, but solely for the reason that the basic issues presented for decision in this case have been previously decided adversely to the plaintiff by the majority of this court in previous cases, including Bass v. Dunthorpe Motor *176Trans., 258 Or 409, 484 P2d 319 (1971), and Deitz v. Savaria, Smith, 260 Or 538, 491 P2d 620 (1971), among others.