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STORM v. McCLUNG

(CCV9605004; CA A99618)

4 P.3d 66 (2000)

168 Or. App. 62

Nancy J. STORM, personal representative for the Estate of Jon E. Storm, deceased, Respondent—Cross-Appellant, v. Rick McCLUNG, Cross-Respondent, and City of Oregon City, a municipal corporation, Appellant— Cross-Respondent.

Court of Appeals of Oregon.

Decided May 31, 2000.

Attorney(s) appearing for the Case

Robert E. Franz, Jr., Springfield, argued the cause and filed the briefs for appellant— cross-respondent City of Oregon City and cross-respondent Rick McClung.

W. Eugene Hallman, Pendleton, argued the cause and filed the brief for respondent— cross-appellant.

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

ARMSTRONG, J.

Plaintiff, the widow of Jon Storm and personal representative of his estate, brought this wrongful death action against the City of Oregon City (the City) for the benefit of Storm's mother, Myrtha Storm, and his daughters, Sonia and Tami Storm. ORS 30.020. The City appeals from a judgment for plaintiff that was based on the jury's finding that the City and Storm were each 50 percent negligent in Storm's death. We hold that Sonia and Tami have each received...

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