MINATO v. FERRARE

No. 79-472-L; CA A21705.

652 P.2d 867 (1982)

60 Or.App. 122

Ricky B. MINATO, Appellant, v. J.E. FERRARE, Respondent.

Court of Appeals of Oregon.

Decided October 27, 1982.

Reconsideration Denied December 10, 1982.


Attorney(s) appearing for the Case

Thomas C. Howser, Ashland, argued the cause for appellant. With him on the brief was Cottle, Howser & Cue, Ashland. With him on the reply brief was Cottle & Howser, Professional Corp., Ashland.

William V. Deatherage, Medford, argued the cause for respondent. On the brief were John B. Rogers and Frohnmayer, Deatherage & deSchweinitz, Ashland.

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


YOUNG, Judge.

Plaintiff appeals from the judgment entered on a jury verdict in his favor by which the jury assessed total damages of $113,500 and found plaintiff to be 45 percent at fault. The issue presented is the application of the statutes governing the activities of pedestrians to an individual who is employed by a private survey crew and is working in the road. We find that the instructions given by the trial court in this regard were erroneous and reverse....

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