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FLYNN v. WACKENHUT CORP.

No. A7902-00802; CA A21554.

660 P.2d 705 (1983)

62 Or.App. 276

Judith Fae FLYNN, Personal Representative of the Estate of Joel David Flynn, Deceased, for the benefit of Judith Fae Flynn, surviving wife of the deceased, and Jason Everett Flynn, dependent child of the deceased, Respondent, v. The WACKENHUT CORPORATION, a Florida corporation, John Percy Flickner, Appellants, and Phillip M. Miller and Prudence M. Miller, Defendants.

Court of Appeals of Oregon.

Decided March 16, 1983.

Reconsideration Denied April 29, 1983.

Attorney(s) appearing for the Case

Michael A. Lehner, Portland, argued the cause for appellants. With him on the briefs were Wm. H. Mitchell and Mitchell, Lang & Smith, Portland.

William B. Wyllie, Salem, argued the cause and filed the brief for respondent.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

ROSSMAN, Judge.

In this wrongful death action, defendants appeal from a judgment entered after a jury verdict for plaintiff. Plaintiff's decedent was shot by defendant Flickner, who was employed as a security guard by defendant Wackenhut Corporation. Defendants assign error to the trial court's withdrawal from the jury of their contributory negligence defense, as well as several of its evidentiary rulings. We reverse and remand.

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