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DeLASSIO v. GARCIA

No. 80-38403; CA A29482.

687 P.2d 808 (1984)

69 Or.App. 693

Rager DeLassio, Appellant, v. Leopoldo GARCIA and Antonio Garcia, Defendants, v. Progressive Casualty Co., a Foreign Corporation, Intervenor-Respondent.

Court of Appeals of Oregon.

Decided September 12, 1984.

Attorney(s) appearing for the Case

J. Michael Alexander, Salem, argued the cause for appellant. With him on the briefs were Burt, Swanson, Lathen, Alexander & McCann, Salem.

J.P. Harris, II, Salem, argued the cause and filed the brief for intervenor-respondent.

Before GILLETTE, P.J., and VAN HOOMISSEN and YOUNG, JJ.

YOUNG, Judge.

This litigation began as a negligence action to recover damages for personal injuries arising out of a collision between a vehicle operated by plaintiff and a vehicle operated by defendant Leopoldo Garcia (Leopoldo) and owned by his brother, defendant Antonio Garcia (Antonio). A default judgment was entered against Leopoldo; it is not appealed. A judgment based on stipulated facts was entered in favor of Antonio; it also is not appealed. After the court...

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