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PGE v. TABER

DCV 95-5138; CA A92400.

934 P.2d 538 (1997)

146 Or. App. 735

PORTLAND GENERAL ELECTRIC COMPANY, an Oregon corporation, Appellant, v. Harry TABER, Respondent, and Farmers Insurance Company of Oregon, an Oregon corporation, Intervenor-Respondent.

Court of Appeals of Oregon.

Decided March 5, 1997.

Attorney(s) appearing for the Case

Lee S. Aronson argued the cause for appellant. On the brief was Valencia R. Tolbert, Portland.

Thomas W. Brown argued the cause for respondent. With him on the brief were Wendy M. Margolis, Robert E. Barton and Cosgrave, Vergeer & Kester, L.L.P., Portland.

L.E. Ashcroft argued the cause for intervenor-respondent. With him on the brief was Ashcroft & Rinehart, Salem.

Before DEITS, P.J., and De MUNIZ and HASELTON, JJ.

HASELTON, Judge.

Plaintiff Portland General Electric (PGE) appeals, assigning error to the entry of summary judgment in favor of defendant Taber and intervenor Farmers Insurance Company of Oregon. The sole issue presented is whether the proper measure of damages when a motorist negligently destroys a wooden power pole is: (a) the undepreciated cost of the lost pole or (b) the full replacement cost of a new pole. The trial court determined that, as a matter of law...

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