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ANDERSON v. LOOMIS

89-0317-TM; CA A66986.

822 P.2d 752 (1991)

110 Or.App. 396

Kevin ANDERSON, Appellant, v. Frank LOOMIS, Defendant, and Clara Darnell Loomis, Respondent.

Court of Appeals of Oregon.

Decided December 26, 1991.

Attorney(s) appearing for the Case

Warren John West, Bend, argued the cause and filed the brief for appellant.

Ronald L. Marceau, Bend, argued the cause for respondent. With him on the brief were Dennis J. Hubel and Marceau, Karnopp, Petersen, Noteboom & Hubel, Bend.

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

RICHARDSON, Presiding Judge.

Plaintiff, a timber faller, was injured when the truck in which he was a passenger collided with another vehicle, driven by defendant. Shortly before the accident, plaintiff had unfastened the harness portion of his seat belt and leaned forward to unlace his logging boots. He was in that position at the time of impact. The waist portion of the seat belt had not been unfastened. Plaintiff's head hit the windshield and he suffered neck injuries...

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