FRANZ v. CLARK

No. 79-4-55; CA 19396.

634 P.2d 277 (1981)

54 Or.App. 128

Shirley Elaine FRANZ, Respondent, v. Mia Dell CLARK, Appellant.

Court of Appeals of Oregon.

Decided October 5, 1981.


Attorney(s) appearing for the Case

Bruce W. Williams, Salem, argued the cause for appellant. With him on the briefs was Williams & Spooner, Salem.

James C. Tait, Oregon City, argued the cause for respondent. With him on the brief was Hibbard, Caldwell, Canning, Bowerman & Schultz, Oregon City.

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


ROBERTS, Judge.

Defendant appeals from an order granting plaintiff a new trial in an action for negligence. Defendant, the operator of an automobile which struck and injured plaintiff while she was crossing McLoughlin Boulevard in Portland in an unmarked crosswalk, raised an affirmative defense of contributory negligence. Plaintiff sought $65,000 general damages, $720.83 special damages and $15,000 punitive damages. The jury found the parties equally at fault and...

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