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RADER v. GIBBONS AND REED COMPANY

494 P.2d 412 (1972)

Floyd RADER, Administrator of the Estate of Steven Ray Rader, Deceased, Respondent, v. GIBBONS AND REED COMPANY, a Utah Corporation, Appellant.

Supreme Court of Oregon.

Decided March 9, 1972.

Attorney(s) appearing for the Case

Thomas M. Triplett, Portland, argued the cause for appellant. With him on the briefs were Souther, Spaulding, Kinsey, Williamson & Schwabe.

Donald B. Bowerman, Oregon City, argued the cause for respondent. On the brief were Misko, Njust, Bowerman & Sams, Oregon City.

Before O'CONNELL, C.J., and McALLISTER, HOLMAN, HOWELL and BRYSON, JJ.

McALLISTER, Justice.

This is an action for wrongful death. Plaintiff had a verdict and judgment in the amount of $40,000 and defendant appeals.

Plaintiff's intestate, Steven Rader, was killed on June 11, 1969, at about 8:30 p.m., while he was driving his car in an easterly direction on Highway 212 in Clackamas County in the vicinity of West Linn. A rock entered the windshield of his car and apparently struck him on...

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