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SCHMEISER v. TRUS JOIST CORPORATION

540 P.2d 998 (1975)

Walter O. SCHMEISER, Respondent, v. TRUS JOIST CORPORATION and Construction Components, Inc., Appellants.

Supreme Court of Oregon, In Banc.

Decided September 18, 1975.

Attorney(s) appearing for the Case

Walter J. Cosgrave of Cosgrave & Kester, Portland, argued the cause and filed briefs for appellant Trus Joist Corp.

Edward H. Warren, Portland, argued the cause for appellant Construction Components, Inc. With him on the briefs were Donald E. Hershiser, and Hershiser, Mitchell & Warren, Portland.

Raymond Conboy, Portland, argued the cause for respondent. With him on the brief were Dan O'Leary, and Pozzi, Wilson & Atchison, Portland.

BRYSON, Justice.

Plaintiff brought this action on two counts, negligence and strict liability, to recover damages for injuries he sustained in a fall due to the collapse of long spanned truss joists used in the construction of a gymnasium at Lake Oswego High School No. 2.

Both counts of plaintiff's complaint contain identical allegations that defendants "failed to provide adequate instructions for the safe erection...

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