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DEE v. POMEROY

CC86-2222; CA A61155.

818 P.2d 523 (1991)

109 Or.App. 114

Jessica DEE, by and through Her Guardian Ad Litem Elaine McDonald, Nickelle Dee and Elaine McDonald, Appellants, v. Eric POMEROY, Richard Pomeroy, the State of Oregon and James Waddell, Defendants, The City of Gearhart, Brian Kitto, Jeffrey Bowman and Bruce Maltman, Respondents.

Court of Appeals of Oregon.

Decided October 2, 1991.

Reconsideration Denied November 27, 1991.

Review Denied December 17, 1991.

Attorney(s) appearing for the Case

Wayne Mackeson, Portland, argued the cause for appellants. With him on the briefs were Daniel C. Lorenz and Des Connall, a Professional Corp., Portland.

Michael Lehner, Portland, argued the cause for respondents. With him on the brief was Lehner & Mitchell, Portland.

Before WARREN, P.J., JOSEPH, C.J., and RIGGS, J.

WARREN, Presiding Judge.

This is a personal injury case in which a police chase resulted in injury to plaintiffs, who were passengers in the pursued vehicle. Plaintiffs appeal from a directed verdict for defendants. We reverse.

The evidence, viewed in the light most favorable to plaintiffs, is that, at 10:50 p.m. on September 6, 1986, Gearhart police officer Kitto and State Trooper Shawver saw two vehicles "of the sort usually driven by teenagers," speeding...

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