McCARTHY v. HENSEL PHELPS CONST. CO.

Nos. A7804 05507; A7804 05508; CA A25292.

667 P.2d 558 (1983)

64 Or.App. 256

Linda Lee McCarthy, Plaintiff, v. HENSEL PHELPS CONSTRUCTION CO., a Colorado Corporation, Defendant, and Laneguard, Inc., an Oregon Corporation, Appellant, and State of Oregon, Respondent, and Multnomah County and Francis Burns, Defendants. Pete McCarthy, Plaintiff, v. Hensel Phelps Construction Co., a Colorado Corporation, Defendant, and Laneguard, Inc., an Oregon Corporation, Appellant, and State of Oregon, Respondent, and Multnomah County and Francis Burns, Defendants.

Court of Appeals of Oregon.

Decided August 10, 1983.


Attorney(s) appearing for the Case

Michael A. Lehner, Portland, argued the cause for appellant. With him on the brief was Mitchell, Lang & Smith, Portland.

Christine L. Dickey, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen., Stanton F. Long, Deputy Atty. Gen., and William F. Gary, Sol. Gen., Salem.

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


GILLETTE, Presiding Judge.

This is a negligence action for damages for bodily injury to Linda McCarthy and for loss of consortium to Peter McCarthy. Linda was injured when a car driven by defendant Burns struck a temporary guardrail installed at the site of a freeway construction project. Laneguard, Inc. (Laneguard) seeks reversal of a trial court order denying its motion for contribution from co-defendant State of Oregon.1

Plaintiffs...

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