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DAY v. CITY OF CANBY

CCV9306153; CA A85029.

922 P.2d 1269 (1996)

143 Or. App. 341

Sharon M. DAY, Respondent, v. CITY OF CANBY, Appellant—Cross-Respondent, and Creslin J. Derkacht, Appellant—Cross-Appellant, and Christina L. Roberts; Gregory Derkacht and Barbara Jeanne Derkacht, Defendants.

Court of Appeals of Oregon.

Decided September 4, 1996.

Attorney(s) appearing for the Case

Michael A. Lehner, Portland, argued the cause for appellant—cross-respondent. With him on the briefs was Lehner, Mitchell, Rodrigues & Sears.

Jeffrey W. Hansen, Portland, argued the cause for appellant—cross-appellant. With him on the briefs were Jay R. Chock and Smith, Freed, Heald & Chock, P.C.

Robert A. Miller, Eugene, argued the cause and filed the brief for respondent.

Before RIGGS, P.J., and LANDAU and LEESON, JJ.

LEESON, Judge.

Plaintiff brought this action against defendants Creslin Derkacht (Derkacht) and City of Canby (City) to recover for injuries she suffered when she was struck by a runaway horse.1 The jury found for plaintiff. Defendants appeal the trial court's denial of their motions for directed verdicts. We affirm with respect to Derkacht and reverse with respect to City.

On July 4, 1991, the Canby Arts Association (Association...

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