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KRUSHWITZ v. McDONALD'S RESTAURANTS

9104-02047; CA A73926.

880 P.2d 483 (1994)

129 Or. App. 621

Helen Jean KRUSHWITZ, Personal Representative of the Estate of Matthew Allen Theurer, Appellant, v. McDONALD'S RESTAURANTS OF OREGON, INC., an Oregon corporation, Respondent, and McDonald's Corporation, a Delaware corporation, Defendant.

Court of Appeals of Oregon.

Decided August 24, 1994.

Attorney(s) appearing for the Case

Kathryn H. Clarke, Portland, argued the cause and filed the briefs for appellants. With her on appellant's reply brief was Maureen Leonard.

I. Franklin Hunsaker, Portland, argued the cause for respondent. With him on the brief were Douglas G. Houser, Ronald G. Stephenson, Ronald J. Clark and Bullivant, Houser, Bailey, Pendergrass & Hoffman.

Before DEITS, P.J., RICHARDSON, C.J., and RIGGS, J.

DEITS, Presiding Judge.

Plaintiff, the personal representative of the estate of decedent Theurer, brought this wrongful death action against Theurer's employer, defendant McDonald's Restaurants.1 The thrust of plaintiff's allegations is that defendant was negligent in allowing the young decedent to work long hours and then drive. As a result, he drove his vehicle on the way home from work without...

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