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LYONS v. WALSH & SONS TRUCKING CO., LTD.

(CC 98-06-04337; CA A110332; SC S49907).

96 P.3d 1215 (2004)

337 Or. 319

William R. LYONS and Barbara A. Lyons, Co-Personal Representatives of the Estate of Scott Alan Lyons, Deceased, Petitioners on Review, v. WALSH & SONS TRUCKING CO., LTD., Respondent on Review. Walsh & Sons Trucking Co., Ltd., Third-Party-Plaintiff, v. James Eugene May, Jr., Third-Party-Defendant.

Supreme Court of Oregon, En Banc.

Decided September 10, 2004.

Attorney(s) appearing for the Case

Meagan A. Flynn, of Preston Bunnell & Stone, LLP, Portland, argued the cause and filed the brief for petitioners on review.

I. Franklin Hunsaker, of Bullivant Houser Bailey, PC, Portland, argued the cause and filed the brief for respondent on review. With him on the brief were Richard J. Whittemore and Holly E. Pettit.

Helen T. Dziuba, Lake Oswego, filed the brief for amicus curiae Oregon Trial Lawyers Association.

GILLETTE, J.

This personal injury case arose out of a fatal automobile collision between a truck belonging to defendant Walsh & Sons Trucking (Walsh) and an Oregon State Police (OSP) vehicle. Plaintiffs are the parents and copersonal representatives of OSP Trooper Lyons, who was killed in the accident along with his colleague, OSP Sergeant Rector. Rector was driving the OSP vehicle. Plaintiffs brought a wrongful death action against Walsh. The case was tried to...

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