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CARTER v. MOBERLY

501 P.2d 1276 (1972)

David Grant CARTER, Appellant, v. Betty June MOBERLY et al., Respondents.

Supreme Court of Oregon, In Banc.

Decided October 19, 1972.

Attorney(s) appearing for the Case

John J. Haugh, of O'Connell, Goyak, Haugh & Loew, Portland, argued the cause for appellant. With him on the briefs was Burl L. Green of Green, Richardson, Griswold & Murphy, Portland.

Paul D. Clayton, of Luvaas, Cobb, Richards & Fraser, Eugene, argued the cause and filed a brief for respondent Frisk.

Paul E. Geddes, of Geddes, Walton & Richmond, Roseburg, argued the cause and filed a brief for respondent Moberly.

McALLISTER, Justice.

The plaintiff, David Carter, brought this action to recover damages for personal injuries sustained in a three-vehicle collision on Highway 38 between Drain and Reedsport. Plaintiff was driving an unloaded cab-over-engine flatbed truck and trailer east toward Elkton. The defendant, Roy Frisk, was driving west in a Pontiac car towing a 20-foot travel trailer. Walter Moberly was driving a Jeep pickup following the Frisk trailer. On a straight stretch...

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