CARRIER v. HICKS

87-2112; CA A60563.

793 P.2d 329 (1990)

102 Or.App. 13

Timothy S. CARRIER, Appellant, v. Wilbur and Fay HICKS, Dba Goble Tavern, Respondents.

Court of Appeals of Oregon.

Decided May 30, 1990.

Reconsideration Denied August 29, 1990.


Attorney(s) appearing for the Case

J. Michael Alexander, Salem, argued the cause for appellant. With him on the briefs was Burt, Swanson, Lathen, Alexander & McCann, Salem.

John L. Langslet, Portland, argued the cause for respondents. With him on the brief were Julie K. Bolt and Martin, Bischoff, Templeton, Ericsson & Langslet, Portland.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.


WARREN, Judge.

Plaintiff appeals a summary judgment for defendants, arguing that the arbitration award between him and his insurer did not preclude an action against defendants, the tortfeasors. We reverse.

The facts are not disputed. Plaintiff was injured in a car accident. The driver of the other vehicle, Morgan, had liability coverage of $50,000 that was divided among the injured parties, with plaintiff receiving $23,000. Plaintiff then made a claim with...

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