SHAHTOUT v. EMCO GARBAGE CO.

TC A8110-06373; CA A28635; SC S30764.

695 P.2d 897 (1985)

298 Or. 598

Michelle Luna SHAHTOUT, a Minor by and through Her Guardian Ad Litem, Maurice Shahtout, Petitioner On Review, v. EMCO GARBAGE COMPANY, Inc., and Jeff Weitzel, Respondents On Review.

Supreme Court of Oregon, In Banc.

Decided February 12, 1985.

Reconsideration Denied April 16, 1985.


Attorney(s) appearing for the Case

David J. Sweeney, Portland, argued the cause and filed briefs for petitioner on review. With him on the briefs were Mark B. Weintraub and Gilbertson, Brownstein, Rask, Sweeney, Kerr & Grim, Portland.

Jas. Jeffrey Adams, Portland, argued the cause and filed briefs for respondents on review. With him on the briefs were William H. Mitchell and Mitchell, Lang & Smith, Portland.


LINDE, Justice.

Plaintiff was injured when defendant's truck backed up and struck her, and she sued for damages. A jury found that defendant was not negligent. On appeal, plaintiff claimed that the trial court made erroneous rulings concerning the truck's lack of an alarm device to signal when the truck was to be backed. The Court of Appeals affirmed without opinion. 68 Or.App. 53, 680 P.2d 21. We allowed review to consider the proper treatment of a safety regulation...

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