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JEFFERIS v. WHITE

No. 77-6334; CA 11355.

591 P.2d 766 (1979)

39 Or.App. 167

A.L. JEFFERIS, Personal Representative of the Estate of Robert David Avera, Deceased, Respondent, v. George William WHITE, and Herb Moore and Hazel Moore, d/b/a H & H Trucking Company, Appellants.

Court of Appeals of Oregon.

Decided March 5, 1979.

Attorney(s) appearing for the Case

Alonzo P. Stiner, Portland, argued the cause and filed the briefs for appellants.

Clayton C. Patrick, Salem, argued the cause for respondent. With him on the brief was Roy Dwyer, P.C., Eugene.

Before SCHWAB, C.J., and TANZER, RICHARDSON and ROBERTS, JJ.

ROBERTS, Judge.

Defendants appeal a wrongful death action and assign as error the court's instruction to the jury. We reverse and remand.

Defendant White was operating a loaded truck and trailer owned by defendant H & H Trucking Co. just north of Eugene on Interstate 5, on October 1, 1976, at approximately 7 a.m. Defendant White, in taking evasive action to avoid a camper truck which was going in the same direction...

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