OLSON v. COATS

82-852-1; CA A34307.

717 P.2d 176 (1986)

78 Or.App. 368

James D. OLSON, Dba Tree Line Transportation, Appellant, v. R.L. COATS and Joyce Coats, Dba Deschutes Redi-Mix Sand and Gravel Company, and Art D. Fisher, Respondents.

Court of Appeals of Oregon.

Decided April 9, 1986.


Attorney(s) appearing for the Case

Ralph C. Spooner, Salem, argued the cause, for appellant. With him on briefs were James A. Wickwire, Salem, and Spooner & Much, P.C., Salem.

Robert L. Cowling, Medford, argued the cause, for respondents. With him on brief was H. Scott Plouse, Medford.

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


VAN HOOMISSEN, Judge.

This case involves a collision between two trucks. Plaintiff appeals from a judgment entered after a jury verdict finding him 70 percent and defendants 30 percent negligent. The dispositive issues are whether testimony stating a legal conclusion was admissible at trial and whether the trial court erred in taking a question of fact from the jury. We reverse and remand for a new trial.

The collision occurred in 1982 on Highway 97. Plaintiff...

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