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GROWERS REFRIGERATION v. PACIFIC ELEC. CONTRACTORS

(95-2582-L-1; CA A104720)

996 P.2d 521 (2000)

165 Or. App. 274

GROWERS REFRIGERATION CO., INC., an Oregon corporation; and Continental Insurance, a corporation, Appellants, v. PACIFIC ELECTRICAL CONTRACTORS, INC., an Oregon corporation, Respondent.

Court of Appeals of Oregon.

Decided January 26, 2000.

Attorney(s) appearing for the Case

Randall C. Johnson, Jr., argued the cause for appellants. With him on the briefs were Benjamin M. Bloom, Medford, and Hornecker, Cowling, Hassen, & Heysell and Peery, Hiscock, Pierson, Kingman & Peabody.

Thomas F. Armosino argued the cause for respondent. On the brief were William V. Deatherage and Frohnmayer, Deatherage, Pratt, Jamieson, Clarke & Moore.

Before EDMONDS, Presiding Judge, and ARMSTRONG and KISTLER, Judges.

KISTLER, J.

The trial court ruled that plaintiff's insurer was subrogated to plaintiff's negligence claim. The court accordingly ordered that the insurer be added as a named plaintiff in this action. The case proceeded to trial, and the jury returned a verdict in defendant's favor. Plaintiffs appeal, challenging the trial court's subrogation ruling. We reverse and remand.

Continental Insurance Company insured plaintiff, Growers Refrigeration Co., Inc. When...

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