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HERNANDEZ v. BARBO MACHINERY CO.

9310-06393; CA A85962.

917 P.2d 30 (1996)

141 Or. App. 34

Heriberto M. HERNANDEZ, Appellant, v. BARBO MACHINERY CO., an Oregon corporation; and Buckner-Weatherby Co., Inc., a wholly owned subsidiary of C.B. Tool & Supply, Inc., a foreign corporation, Respondents.

Court of Appeals of Oregon.

Decided May 15, 1996.

Attorney(s) appearing for the Case

Ridgway K. Foley, Jr., Portland, argued the cause for appellant. With him on the briefs were James G. Breathouwer, M. Elizabeth Duncan, Breathouwer & Gilman and Foley & Duncan, P.C.

Lisa E. Lear, Portland, argued the cause for respondents. With her on the brief were Stephen F. English and Bullivant, Houser, Bailey, Pendergrass & Hoffman.

Before WARREN, P.J., and RICHARDSON, C.J., and EDMONDS, J.

EDMONDS, Judge.

Plaintiff appeals from a judgment in a personal injury action in which the jury determined that plaintiff was 50.5 percent at fault for his injuries and that defendants were 49.5 percent at fault. Accordingly, the trial court entered judgment for defendants pursuant to ORS 18.470.1 Plaintiff assigns error to the trial court's refusal to give a requested jury instruction on comparative negligence in products liability cases...

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