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GOLD v. CASSERLY LANDSCAPE, INC.

A8709-05777; CA A74868.

853 P.2d 1341 (1993)

121 Or. App. 62

Weslie GOLD, Personal Representative of the Estate of William Eric Anderson, Deceased, Plaintiff-Respondent, v. CASSERLY LANDSCAPE, INC., an Oregon corporation, John P. Casserly, Susan L. Casserly and Ronald P. Vandercook, Defendants-Respondents, and Safeco Insurance Company of America, a Washington corporation, Garnishee-Appellant.

Court of Appeals of Oregon.

Decided June 9, 1993.

Attorney(s) appearing for the Case

Ridgway K. Foley, Jr., Portland, argued the cause for appellant. With him on the briefs were M. Elizabeth Duncan, Schwabe, Williamson & Wyatt and Foley & Duncan, P.C., Portland.

Kathryn H. Clarke, Portland, argued the cause for respondent Weslie Gold. With her on the brief were Linda J. Rudnick, Portland, and Kent C. Whitaker, Lake Oswego.

No appearance by respondents Casserly Landscape, Inc., John P. Casserly, Susan L. Casserly, and Ronald P. Vandercook.

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

EDMONDS, Judge.

Safeco Insurance Company of America (Safeco) appeals from a judgment in this garnishment proceeding that held that its insured, defendant Casserly Landscape, Inc. (CLI), is covered under a "non-owned vehicle" endorsement to its general liability policy. Safeco assigns error to the trial court's ruling that CLI had not borrowed the pickup truck in question at the time of the accident. We affirm.

This is the second appeal in this case. The facts...

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