NYLANDER v. STATE

No. 25729; CA 17171.

625 P.2d 1354 (1981)

51 Or.App. 413

Barbara NYLANDER, Personal Representative of the Estate of Rachel Linda Gretz, Deceased, Appellant, v. STATE of Oregon, Respondent.

Court of Appeals of Oregon.

Decided March 30, 1981.

Reconsideration Denied May 7, 1981.


Attorney(s) appearing for the Case

J.W. Walton, Corvallis, argued the cause for appellant. On briefs were S. David Eves and Ringo, Walton, Eves & Gardner, P.C., Corvallis.

William F. Gary, Deputy Sol. Gen., Salem, argued the cause for respondent. With him on brief were James M. Brown, Atty. Gen., and John R. McCulloch, Jr., Sol. Gen., Salem.

Before GILLETTE, P.J., and ROBERTS and CAMPBELL, JJ.


GILLETTE, Presiding Judge.

Plaintiff appeals the judgment entered on a jury verdict in favor of defendant in this negligence action brought after plaintiff's decedent was killed in an automobile accident on an icy bridge on a state highway. Plaintiff assigns as error the giving of an instruction which informed the jury that defendant had no duty to warn of the icy condition of the bridge if the decedent knew or reasonably should have known of that condition. We affirm...

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