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HAMMAGREN v. WALD CONSTRUCTION, INC.

545 P.2d 859 (1976)

Randy HAMMAGREN, Respondent, v. WALD CONSTRUCTION, INC., an Oregon Corporation, and Wally Smith, Appellants.

Supreme Court of Oregon.

Decided February 12, 1976.

Attorney(s) appearing for the Case

David A. Rhoten, Salem, argued the cause for appellants. With him on the briefs were Malcolm L. Brand, and Rhoten & Speerstra, Salem.

Frederick L. Decker, Albany, argued the cause for respondent. With him on the brief were Goode, Goode, Decker & Hinson, P.C., Albany.

Before McALLISTER, P.J., and DENECKE, HOLMAN, TONGUE, HOWELL and BRYSON, JJ.

BRYSON, Justice.

This action involves the application of the comparative negligence statute, ORS 18.470,1 and the court's instructions and form of verdict submitted to the jury.

Plaintiff was struck by a truck operated by defendant Wally Smith, an employee of defendant Wald Construction, Inc. Defendants stipulated that Smith was acting within the scope of his employment at the time of the accident. Plaintiff alleged that defendants...

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