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LYTLE v. CITY OF PORTLAND

A8407-04244; CA A38233.

748 P.2d 1033 (1988)

89 Or.App. 315

Charles R. LYTLE, Respondent, v. CITY OF PORTLAND, Defendant. Appeal of Northwest Natural Gas Co., an Oregon Corporation.

Court of Appeals of Oregon.

Decided January 27, 1988.

Attorney(s) appearing for the Case

Jeffrey M. Batchelor, Portland, argued the cause for appellant. With him on the briefs were Lindsey H. Hughes, James E. Bartels, and Spears, Lubersky, Campbell, Bledsoe, Anderson & Young, Portland.

Elden M. Rosenthal, Portland, argued the cause for respondent. With him on the brief was Linda J. Rudnick and Rosenthal & Greene, P.C., Portland.

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

NEWMAN, Judge.

Northwest Natural Gas Company (defendant) appeals from plaintiff's judgment for $175,000 general damages and $2,000 special damages in his negligence action for personal injuries.1 Plaintiff was injured when he fell into an open trench that defendant had dug in a city sidewalk. Defendant assigns as error that the court denied its motion to withdraw plaintiff's claim for reduced earning capacity from the jury, its instruction...

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