SCHMITZ v. UNITED STATES BAKERY

No. A7611-16299; CA 12696.

599 P.2d 471 (1979)

41 Or.App. 749

Mary J. SCHMITZ, Respondent, v. UNITED STATES BAKERY, an Oregon Corporation, Appellant, Safeway Stores, Inc., a Maryland Corporation, Defendant.

Court of Appeals of Oregon.

Decided August 27, 1979.


Attorney(s) appearing for the Case

Larry A. Brisbee, Hillsboro, argued the cause and filed the brief for appellant.

John F. Hunnicutt, St. Helens, argued the cause and filed the brief for respondent.

Before SCHWAB, C.J., and THORNTON, BUTTLER and JOSEPH, JJ.


JOSEPH, Judge.

Plaintiff brought an action for personal injuries. The issue of comparative negligence was submitted to the jury. The verdict, in the form shown in the margin,1 was taken by a judge other than the one who had tried the case. The following then transpired:

"THE COURT: I am Judge Jones. I am taking Judge Unis' verdict for him. "Could we have your foreperson please...

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