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WATTS v. RUBBER TREE, INC.

Nos. 90-0105-L-3; CA A71740.

848 P.2d 1210 (1993)

118 Or. App. 557

Shelia Kathy WATTS, Conservator and Guardian for Steven Boyd Isom, an incapacitated person, Appellant, v. RUBBER TREE, INC., an Oregon corporation, dba Oregon Tire and Supply, Respondent, and Bridgestone/Firestone, Inc., an Ohio corporation, formerly known as Firestone Tire & Rubber Company, Cooper Tire and Rubber Co., a Delaware corporation, and Michael Ray Wright, Defendants.

Court of Appeals of Oregon.

Decided March 17, 1993.

Attorney(s) appearing for the Case

George W. Kelly, Eugene, argued the cause for appellant. With him on the briefs was Clinton D. Simpson, Eugene.

Richard Butler, Eugene, argued the cause for respondent. With him on the brief was Patrick J. Kouba, Eugene.

Before WARREN, P.J., and RIGGS and EDMONDS, JJ.

WARREN, Presiding Judge.

In October, 1989, Isom was seriously injured when he was thrown out of a truck after the driver, Wright, lost control as a result of a blowout of a recapped tire. Isom, through his conservator and guardian, Watts (plaintiff), sued Rubber Tree, Inc., the tire recapper (defendant), the tire manufacturers, and Wright. The theories of recovery against defendant were negligence and strict liability. The trial court granted a directed verdict in...

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