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RUNYAN v. PICKERD

84-10-937; CA A39810.

740 P.2d 209 (1987)

86 Or.App. 542

Grace RUNYAN, Appellant, v. Eugene PICKERD, Defendant, and Montgomery Ward & Co., Inc., a Foreign Corporation, Respondent.

Court of Appeals of Oregon.

Decided July 29, 1987.

Reconsideration Denied September 25, 1987.

Review Denied October 20, 1987.

Attorney(s) appearing for the Case

W. Eugene Hallman, Pendleton, argued the cause for appellant. With him on the briefs were William J. Storie, and Mautz, Hallman & DeVore, Pendleton.

Douglas E. Hojem, Pendleton, argued the cause and filed the brief for respondent.

Before JOSEPH, C.J., and RICHARDSON and WARREN, JJ.

JOSEPH, Chief Judge.

Plaintiff brought this action against Montgomery Ward (Ward) and Pickerd, the manager of Ward's Pendleton store, for injuries which she allegedly suffered as the result of Pickerd's negligence while he was driving his own automobile to the store on a Sunday morning. The basis for the claim against Ward was that Pickerd was acting within the course and scope of his employment and that Ward is therefore vicariously liable for his negligence. The...

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