DeYOUNG v. FALLON

86-1122C; CA A61719.

798 P.2d 1114 (1990)

104 Or.App. 66

Marian DeYoung, Appellant, v. Victor Curly FALLON, Respondent.

Court of Appeals of Oregon.

Decided October 17, 1990.


Attorney(s) appearing for the Case

Roger Tilbury, Portland, argued the cause for appellant. With him on the briefs was Roch Steinbach, Portland.

Carrell F. Bradley, Hillsboro, argued the cause and submitted the brief for respondent.

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


ROSSMAN, Judge.

This is an action for damages resulting from injuries incurred by plaintiff when defendant struck her, knocking her to the pavement. Plaintiff appeals a judgment entered in her favor, arguing that the trial court erred in withdrawing her claim for gross negligence from the jury.1 We affirm, because, although the trial court committed error, it was harmless.

Plaintiff's complaint alleged that defendant's daughter...

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