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POTTS v. LINN COUNTY

516 P.2d 1301 (1973)

Marjorie POTTS, Personal Representative of the Estate of Christine Luzanne Penfold, Appellant, v. LINN COUNTY, a Body Politic and Corporate, and John Paul Irish, Respondents-Cross-Appellants.

Court of Appeals of Oregon.

Decided December 17, 1973.

Attorney(s) appearing for the Case

Robert G. Ringo, Corvallis, argued the cause for appellant. On the briefs were Ringo, Walton, McClain & Eves, Corvallis.

Sam F. Speerstra, Salem, argued the cause for respondents-cross-appellants. With him on the brief were Rhoten, Rhoten & Speerstra, Salem.

Before SCHWAB, C.J., and LANGTRY and FORT, JJ.

LANGTRY, Judge.

Plaintiff appeals from an adverse judgment based on a jury verdict in this wrongful death action. Plaintiff is the personal representative of the estate of Christine Penfold. Defendants are Linn County and John Paul Irish, one of its employes.

Penfold died of injuries sustained in an automobile accident. Around 5 p.m. on May 31, 1972 in good weather she was proceeding south on county road 425, the Lebanon-Brownsville road. In rounding a curve...

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