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BORNHOFT v. AUBRY

CV98-1166 and CV98-0140; A109261 (Control) and A109264.

37 P.3d 1049 (2002)

178 Or. App. 625

Gregory R. BORNHOFT, Appellant, v. Rand K. AUBRY and J.R. Simplot Company, Respondents. J.R. Simplot Company, Respondent, v. Geo-Centers, Inc., Appellant. Rand K. Aubry, Respondent, and Diane M. Aubry, Plaintiff, v. Alan Crandall, Defendant, and Gregory Robert Bornhoft and Geo-Centers, Inc., Appellants.

Court of Appeals of Oregon.

Decided January 9, 2002.

Attorney(s) appearing for the Case

Roderic S. MacMillan, Portland, argued the cause for appellants Gregory Robert Bornhoft and Geo-Centers, Inc. With him on the briefs were Leslie A. Kocher and MacMillan, Scholz & Marks, P.C.

Thomas P. Mains, Jr., McLean, VA, argued the cause for appellant Gregory Robert Bornhoft.

W. Eugene Hallman, Pendleton, argued the cause and filed the brief for respondent Rand K. Aubry. Christopher A. Rycewicz, Portland, argued the cause and joined in the brief for respondents Rand K. Aubry and J.R. Simplot Company.

Before LANDAU, Presiding Judge, and BREWER and SCHUMAN, Judges.

SCHUMAN, J.

These personal injury actions, consolidated at trial, arise out of a collision between a westbound passenger van and an eastbound tractor-trailer on an undivided four-lane highway near Hermiston. At trial, fault hinged on the answer to one question: Did the van slide into the truck's lane, or vice versa? The jury returned a verdict in favor of the truck driver and his employer, Simplot. The van driver and his employer appeal, challenging the trial court...

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