KASCH v. BLACK

CV 89-0426; CA A66351.

813 P.2d 1068 (1991)

107 Or.App. 582

Eva A. KASCH, Plaintiff, v. Leslie Maynard BLACK, and Leonardo Truck Lines, Inc., Defendants. Leslie Maynard Black, Third-Party Plaintiff — Appellant, v. Eva A. Kasch, Third-Party Defendant — Respondent.

Court of Appeals of Oregon.

Decided June 19, 1991.


Attorney(s) appearing for the Case

Timothy J. O'Hanlon, Pendleton, argued the cause, for defendant and third-party plaintiff-appellant. On the brief, were W. Eugene Hallman and Mautz Hallman, Pendleton.

Brant M. Medonich, Pendleton, argued the cause, for plaintiff and third-party defendant-respondent. With him on the brief, were Kottkamp & O'Rourke, Pendleton, and Warner V. Wasley, La Grande.

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


RICHARDSON, Presiding Judge.

Third-party plaintiff (plaintiff) appeals the judgment on a verdict in favor of third-party defendant (defendant)1 in this action arising out of a vehicle accident in which plaintiff's truck struck defendant's car from behind. Plaintiff's theory of the case was that he struck the car because defendant was moving erratically between the right lane and the right shoulder of the two-lane highway and drove back...

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