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GREIST v. PHILLIPS

90-1879-L-1; CA A76287.

875 P.2d 1199 (1994)

128 Or. App. 390

Mary A. GREIST, as personal representative of the estate of Peter Maurice Greist, Deceased, Appellant-Cross-Respondent, v. Nicky Don PHILLIPS and Lightning Transportation, Inc., a Tennessee corporation, Respondents-Cross-Appellants. Nicky Don PHILLIPS and Lightning Transportation, Inc., a Tennessee corporation, Third-Party Plaintiffs-Respondents-Cross-Appellants, v. Elizabeth B. TRIPP, Third-Party Defendant-Cross-Respondent, and Mary A. Greist, individually, Third-Party Defendant-Appellant-Cross-Respondent.

Court of Appeals of Oregon.

Decided June 8, 1994.

Attorney(s) appearing for the Case

Kathryn H. Clarke, Portland, argued the cause for appellant-cross-respondent. With her on the briefs were Maureen Leonard, Portland, and Robert A. Berst, Seattle, WA.

Hugh B. Collins, Medford, and Ridgway K. Foley, Jr., Portland, argued the cause for respondents-cross-appellants. With them on the briefs were M. Elizabeth Duncan and Foley & Duncan, P.C., Portland.

Daniel L. Harris, Ashland, argued the cause for third-party defendant-cross-respondent and joined in the appellants' reply brief and answering brief on cross-appeal.

Adam Kimmell, Portland, filed an amicus curiae brief.

Before ROSSMAN, P.J., and De MUNIZ and LEESON, JJ.

De MUNIZ, Judge.

Plaintiff, the personal representative of her son's estate, brought this action for wrongful death. On June 14, 1989, plaintiff, her son and Tripp, aunt of the decedent, were returning to Oregon from California over the Siskiyou Pass in a Volkswagen Vanagon. Defendant Phillips was also travelling north over the pass, driving a five-axle truck and trailer owned by defendant Lightning Transportation, Inc. The truck and trailer had a gross weight of...

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