SIMPSON v. STATE OF OREGON

16-86-03611; CA A42848.

764 P.2d 580 (1988)

94 Or.App. 15

Derril O. SIMPSON, Plaintiff, v. STATE OF OREGON and Lane County, Defendants. State of Oregon, Appellant, v. Ralph Cobb, Respondent, and Marjorie Louise Simpson, Respondent.

Court of Appeals of Oregon.

Decided November 23, 1988.


Attorney(s) appearing for the Case

Kendall M. Barnes, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the briefs were Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., and Philip Schradle, Asst. Atty. Gen., Salem.

David B. Paradis, Portland, argued the cause for respondent Ralph Cobb. With him on the brief was McEwen, Gisvold, Rankin & Stewart, Portland.

Donald A. Bick, Eugene, argued the cause for respondent Marjorie Louise Simpson. With him on the brief was Brad G. Garber, Eugene.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.


RICHARDSON, Presiding Judge.

Defendant State of Oregon appeals from the trial court's dismissal of its third-party claims for contribution from Marjorie Louise Simpson (Simpson) and Ralph Cobb. The state also appeals the court's award of attorney fees to Simpson. We affirm in part and reverse in part.

In May, 1984, Simpson obtained a judgment against plaintiff Derril O. Simpson (plaintiff) in a separate action. Cobb, his attorney, filed a motion for judgment...

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