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MILLS v. BROWN

16-82-04635; CA A37566.

726 P.2d 384 (1986)

81 Or. App. 458

C. Keith MILLS, Appellant, v. Bruce Dwain BROWN, Ed Cox Plaster & Drywall, Inc., an Oregon corporation, E & D Builders, Inc., an Oregon corporation, Respondents, Estate of John Earnest Humphreys, Defendant.

Court of Appeals of Oregon.

Decided October 8, 1986.

Reconsideration Denied November 21, 1986.

Review Allowed December 30, 1986.

Attorney(s) appearing for the Case

A.J. Morris, and Hoffman, Morris, Giustina & Fox, Eugene, filed the briefs, for appellant.

Michael H. Long, and Flinn, Brown & Roseta, Eugene, filed the brief, for respondents.

Before JOSEPH, C.J., and VAN HOOMISSEN and YOUNG, JJ.

JOSEPH, Chief Judge.

Plaintiff was injured when his car was struck from behind by a car driven by Humphreys, who died about two months later. The other defendants (hereinafter defendants) are the driver and the owners of a truck which had stopped in the roadway after running out of gas and behind which plaintiff was stopped or was in the process of stopping when he was hit. Before trial, Humphreys' estate paid plaintiff $25,000 on a covenant not to sue.

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