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HERNANDEZ v. BARBO MACHINERY CO.

CC 9310-06393; CA A85962; SC S43476.

957 P.2d 147 (1998)

327 Or. 99

Heriberto M. HERNANDEZ, Respondent on Review, 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, Petitioners on Review.

Supreme Court of Oregon.

Decided April 24, 1998.

Attorney(s) appearing for the Case

Lisa E. Lear, of Bullivant, Houser, Bailey, Pendergrass & Hoffman, Portland, argued the cause on behalf of petitioners on review. With her on the briefs was Stephen F. English.

Ridgway K. Foley, Jr., of Greene & Markley, P.C., Portland, argued the cause on behalf of respondent on review. With him on the brief was James G. Breathouwer, of Breathouwer & Gilman, Portland.

Maureen Leonard, Portland, filed a brief on behalf of amicus curiae Oregon Trial Lawyers Association.

Before CARSON, C.J., and GILLETTE, VAN HOOMISSEN, DURHAM and KULONGOSKI, JJ.

KULONGOSKI, Justice.

The issue in this products liability case is whether the trial court committed reversible error in refusing to give plaintiff's requested jury instruction. The Court of Appeals concluded that it did. Hernandez v. Barbo Machinery Co., 141 Or.App. 34, 917 P.2d 30 (1996). We affirm the decision of the Court of Appeals.

We take the following facts from the opinion...

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