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YOUNG v. CONTINENTAL CRANE & RIGGING CO.

9904-04180; A111124.

53 P.3d 465 (2002)

183 Or.App. 563

Richard YOUNG, dba Young Mechanical Services, Inc., Plaintiff, and Young Mechanical Services, Inc., an Oregon corporation, Respondent, v. CONTINENTAL CRANE & RIGGING CO., an Oregon corporation, Appellant.

Court of Appeals of Oregon.

Decided September 11, 2002.

Attorney(s) appearing for the Case

Christine Coers-Mitchell, Portland, argued the cause for appellant. With her on the briefs were Thomas W. Brown and Cosgrave Vergeer Kester LLP.

Lisa E. Lear, Portland, argued the cause for respondent. With her on the brief were Peter J. Viteznik and Bullivant Houser Bailey PC.

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

BREWER, J.

Defendant appeals from a judgment awarding damages to plaintiff in this negligence action arising from plaintiff's lease from defendant of a crane and an operator to install an overhead crane system at a manufacturing plant. While the operator was lifting a box girder with the crane, the girder fell and was damaged. After the trial court ruled that an indemnity provision contained in a "rental agreement" signed by plaintiff was unenforceable, the jury returned...

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