Brenda Kaye CECIL and Candace Lee Cecil, by and through Their Guardian Ad Litem, Janice Cecil, Melissa Jo Choate and Richard Wayne Choate, by and through Their Guardian Ad Litem, Ruby Bishop, Michael Shawn Cook, by and through His Guardian Ad Litem, Bonnie M. Cook, Buddy Ray Gannaway, by and through His Guardian Ad Litem, Sharon Gannaway, Fred Bruce Knapp and Penny Eloise Knapp, by and through Their Guardian Ad Litem, Alwina Knapp, Scott Kelly Motta, by and through Their Guardian Ad Litem, Laverne Motta, Robert Steven Pritchard and Anton Brett Pritchard, by and through Their Guardian Ad Litem, Joyce Pritchard, Melvin Eugene Routt, by and through His Guardian Ad Litem, Donna Stafford, Travis Wane Snider and Angela Denice Snider, by and through Their Guardian Ad Litem, Lorna Snider, Wanda Faye Stafford and Kathrine Dora Stafford, by and through Their Guardian Ad Litem, Pearline Stafford, Appellants,
v.
SCHOOL DISTRICT NO. 40 AND RUDOLPH BAKER, the Stonewall Insurance Company, Oregon Automobile Insurance Company, Market Insurance Company, Southern Pacific Transportation Company, Superior Coach Division of Scheller Globe Corporation, Schetky Equipment Corporation, General Motors, City of Lafayette, County of Yamhill, Gary L. Barr, John R. Barr, Mr. and Mrs. Curtis Parks, Parents of Lori Marie Barr, Deceased, Kim K. Denney, Leanna M. Denney, Robert L. Denney, Mr. and Mrs. John Espinoza, Parents of Christina Marie Espinoza, Deceased, Shawn Espinoza, Brenda Houck, William Houck, Butch Houck, Troy Lashley, Vickie Ellen Myers, Casey Muscarella, Laurita Nance, Mona Nance, Tanita A. Nance, Tom Robison, Jerry Segundo, Mr. and Mrs. Lloyd Smith, Parents of Annette Smith, Deceased, Joanne Smith, and Michael D. Teagarden, and Arno Maldon Timmerman, Jr., Respondents.
Court of Appeals of Oregon.https://leagle.com/images/logo.png
Argued and Submitted February 26, 1979.
Decided March 12, 1979.
Attorney(s) appearing for the Case
William D. Rutherford, McMinnville, argued the cause for appellants. With him on the brief were Thomas C. Tankersley, and Rutherford & Drabkin, McMinnville.
David C. Haugeberg, McMinnville, argued the cause for respondents School Dist. No. 40, Rudolph Baker and Market Ins. Co. With him on the brief were Francis E. Marsh, and Marsh, Marsh, Haugeberg, Rueter & Phillips, P.C., McMinnville.
Jeffrey M. Batchelor, Portland, argued the cause for respondent Stonewall Ins. Co. With him on the brief was Gearin, Landis & Aebi, Portland.
James H. Clarke, Portland, argued the cause for respondents Southern Pacific Transp. Co., and Arno Maldon Timmerman, Jr. With him on the brief were Laurence F. Janssen, James E. Bartels, and Dezendorf, Spears, Lubersky & Campbell, Portland.
I. Franklin Hunsaker, III and Bullivant, Wright, Leedy, Johnson, Pendergrass & Hoffman, Portland, waived appearance for respondent City of Lafayette.
Phillip D. Chadsey, and Davies, Biggs, Strayer, Stoel & Boley, Portland, waived appearance for respondent General Motors Corp.
W.H. Morrison, and Morrison, Dunn, Cohen, Miller & Carney, Portland, waived appearance for respondent Oregon Auto. Ins. Co.
(at8s)appearance for respondent Yamhill County.
(at9s)appearance for Mr. and Mrs. John Espinoza, parents of Christina Marie Espinoza, deceased; Shawn Espinoza.
Roland F. Banks, Jr., and Souther, Spaulding, Kinsey, Williamson & Schwabe, Portland, waived appearance for respondent Superior Coach Division of Scheller Globe Corp., Schetky Equipment Corp.
No appearance for respondents Gary L. Barr, John R. Barr, Mr. and Mrs. Curtis Parks, parents of Lori Marie Barr, deceased.
No appearance for Mr. and Mrs. Lloyd Smith, parents of Annette Smith, deceased; Joanne Smith, Brenda Houck, William Houck, Butch Houck, Kim K. Denney, Leanna M. Denney, Robert L. Denney.
No appearance for respondent Vickie Ellen Myers.
No appearance for respondents Casey Muscarella, Tom Robison.
No appearance for respondent Jerry Segundo.
No appearance for respondent Michael D. Teagarden.
No appearance for respondents Lurita Nance, Mona Nance, Tanita A. Nance.
Before SCHWAB, C.J., and THORNTON, LEE and GILLETTE, JJ.
Court of Appeals of Oregon.
PER CURIAM.
The parties have stipulated that the judgment entered below be affirmed without prejudice to the rights of any of the parties to again raise any of the issues raised by the pleadings below in pending or subsequent proceedings. It is so ordered.
Affirmed without...
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