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NEWMAN v. UTILITY TRAILER & EQUIP. CO., INC.

564 P.2d 674 (1977)

278 Or. 395

Neil L. NEWMAN, Appellant/Cross-Respondent, v. UTILITY TRAILER AND EQUIPMENT CO., Inc., an Oregon Corporation, and Utility Trailer Manufacturing Company, a California Corporation, Respondents/Cross-Appellants.

Supreme Court of Oregon, In Banc.

Decided May 17, 1977.

Attorney(s) appearing for the Case

Frank M. Ierulli, Portland, argued the cause and filed briefs for appellant/cross-respondent.

Jeffrey M. Batchelor of Gearin, Cheney, Landis, Aebi & Kelley, Portland, argued the cause for respondent/cross-appellant Utility Trailer Mfg. Co.

Ridgway K. Foley, Jr., of Souther, Spaulding, Kinsey, Williamson & Schwabe, Portland, argued the cause for respondent/cross-appellant Utility Trailer and Equipment Co. With them on the briefs was David C. Landis, Portland.

Before DENECKE, C.J., and HOLMAN, HOWELL, BRYSON, LENT, LINDE and O'CONNELL, JJ.

HOLMAN, Justice.

This is an action for damages for personal injuries, based upon theories of negligence and products liability, which arose out of the allegedly faulty design of a flatbed semitrailer. Plaintiff appeals from a judgment for defendants pursuant to a special jury verdict.

Plaintiff assigns as error the giving of the following instruction in relation to its product liability claim:

"A product is said to be defective and unreasonably dangerous...

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