ABOOD v. JOHNSON

No. TC 76-11-272; CA 11027.

589 P.2d 1206 (1979)

38 Or.App. 305

Dennis Anthony ABOOD, by Dorothy Abood, His Guardian Ad Litem, Respondent, v. Wayne Allen JOHNSON, Appellant.

Court of Appeals of Oregon.

Decided January 29, 1979.


Attorney(s) appearing for the Case

James H. Clarke, of Dezendorf, Spears, Lubersky & Campbell, Portland, argued the cause for appellant. With him on the brief was Robert E. Maloney, Jr., of Dezendorf, Spears, Lubersky & Campbell, Portland.

Ronald D. Thom, Oregon City, argued the cause for respondent. Raymond R. Bagley, Jr., Oregon City, filed the brief for respondent.

Before SCHWAB, C.J., RICHARDSON and JOSEPH, JJ., and TONGUE, J. Pro Tem.


TONGUE, Judge Pro Tem.

This is an action for personal injuries sustained by plaintiff when his bicycle collided with a car driven by defendant. The case was tried before a jury, which returned a verdict in favor of defendant. Plaintiff moved for a new trial. Defendant appeals from an order granting that motion.

The grounds for plaintiff's motion for a new trial were that "the evidence was insufficient to sustain the jury's finding that defendant was not negligent...

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