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STEVENSON v. STATE DEPT. OF TRANSP., ETC.

No. 76-956-L; CA 10590.

601 P.2d 854 (1979)

42 Or.App. 747

Dale STEVENSON, Personal Representative of the Estate of Brenda Fern Stevenson, Deceased, Respondent, v. STATE of Oregon Department of Transportation, Highway Division, Appellant, James Linder, an Incompetent, by and through Emma Linder, His Guardian Ad Litem, Defendant-Cross-Claimant-Respondent.

Court of Appeals of Oregon.

Decided October 22, 1979.

Attorney(s) appearing for the Case

Edward H. Warren, Portland, argued the cause and filed the brief for appellant.

Richard K. Lane, Grants Pass, argued the cause and filed the brief for respondent Dale Stevenson, personal representative for the estate of Brenda Fern Stevenson, deceased.

Wm. E. Duhaime, Medford, argued the cause for defendant-cross-claimant-respondent. With him on the brief was Brophy, Wilson & Duhaime, Medford.

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

JOSEPH, Judge.

Defendant Oregon Department of Transportation, Highway Division (Division) appeals from a judgment entered on a jury verdict in a wrongful death action arising out of a car-truck collision at an intersection near Grants Pass. The personal representative of the estate of Brenda Stevenson brought the action against the Division and Linder, the driver of the car in which the deceased was a passenger.1 Linder cross-claimed for...

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