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VAN GORDON, ETC. v. PORTLAND GEN. ELEC.

No. A7902-00508; CA 19901.

652 P.2d 817 (1982)

59 Or.App. 740

BROCK A. VAN GORDON, by Elizabeth Ann Van Gordon, His Guardian Ad Litem, Respondent, v. PORTLAND GENERAL ELECTRIC COMPANY, a Corporation, Appellant. Portland General Electric Company, a Corporation, Appellant, v. Kino Barker and Helene Barker, Respondents.

Court of Appeals of Oregon, In Banc.

Resubmitted July 1, 1982.

Decided October 20, 1982.

Reconsideration December 10, 1982.

Attorney(s) appearing for the Case

John R. Faust, Jr., Portland, argued the cause for appellant. With him on the briefs were Schwabe, Williamson, Wyatt, Moore & Roberts, James K. Buell and Buell, Black, Gates & Dupuy, Portland.

Janet C. Neuman, Portland, argued the cause for respondent Brock A. Van Gordon. With her on the brief was Tonkon, Torp, Galen, Marmaduke & Booth, Portland.

Margaret H. Leek Leiberan, Portland, argued the cause for respondents Kino Barker and Helene Barker. With her on the brief was Lang & Smith, Portland.

Resubmitted In Banc July 1, 1982.

THORNTON, Judge.

Defendant Portland General Electric Company (PGE) appeals from a judgment entered after a jury verdict awarding plaintiff damages for injuries sustained by plaintiff at Austin Hot Springs. The issues are whether the trial court erred (1) in denying PGE's motions to dismiss and for a directed verdict, (2) in instructing the jury and (3) in ruling on the evidence.

Austin Hot Springs is located in a forested...

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