Frederic M. FAVERTY, Respondent,
v.
McDONALD'S RESTAURANTS OF OREGON, INC., an Oregon corporation, Appellant.
Court of Appeals of Oregon.https://leagle.com/images/logo.png
Argued and Submitted November 19, 1993.
Resubmitted December 15, 1994.
Decided March 22, 1995.
Attorney(s) appearing for the Case
I. Franklin Hunsaker argued the cause for appellant. With him on the briefs were Donald C. McClain, McClain & Rayburn, Douglas G. Houser and Bullivant, Houser, Bailey, Pendergrass & Hoffman.
Robert J. Neuberger argued the cause for respondent. With him on the brief were Robert K. Udziela and Pozzi, Wilson, Atchison, O'Leary & Conboy.
Jeffrey V. Hill, Bradford H. Lamb, Zarosinski & Hill, James M. Coleman and Power & Coleman filed a brief amicus curiae for Nat. Council of Chain Restaurants.
Joseph S. Ruggie, Jr., Keith P. Spiller, Michael N. Chesney, Thompson, Hine and Flory, M. Elizabeth Duncan and Foley & Duncan, P.C. filed a brief amicus curiae for Defense Research Institute, Inc.
Kathryn H. Clarke and Alfredo Wheelock, III, filed a brief amicus curiae for Oregon Trial Lawyers Ass'n.
Court of Appeals of Oregon.
Resubmitted In Banc,* December 15, 1994.
LANDAU, Judge.
Defendant appeals from a judgment on a jury verdict awarding damages to plaintiff for injuries he suffered when his van was struck by a car driven by defendant's offduty employee, Matt Theurer. Plaintiff's theory is that defendant was negligent in working Theurer unreasonably long hours, knowing that he would then be a hazard to himself...
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