JENSEN v. ALLEY

92-CV-0009-33; CA A79683.

877 P.2d 108 (1994)

128 Or. App. 673

Paul JENSEN, doing business as Precision Applications, Inc., Appellant, v. Michael ALLEY, Respondent.

Court of Appeals of Oregon.

Decided June 29, 1994.

Review Denied October 18, 1994.


Attorney(s) appearing for the Case

Lloyd B. Ericsson, Port Townsend, WA, argued the cause for appellant. With him on the opening brief was Ericsson & Egan. With him on the reply brief were Philip S. Harris and Ericsson & Egan, P.C.

William J. Storie, Bend, argued the cause for respondent. With him on the brief were Gordon J. Evans and Holmes, Hurley, Bryant, Lovlien & Lynch.

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


LEESON, Judge.

In this action for contribution, ORS 18.430 et seq., plaintiff appeals from a judgment of involuntary dismissal for insufficiency of the evidence. ORCP 54 B(2). Defendant cross-assigns error to the trial court's ruling that allowed plaintiff to seek contribution in excess of his liability insurance deductible. We reverse.

In July, 1990, defendant Alley, a farmer, hired plaintiff Jensen, a crop duster, to spray insecticide on defendant...

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