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MILLER v. PACIFIC TRAWLERS, INC.

0103-02176; A118909.

131 P.3d 821 (2006)

204 Or. App. 585

Rick E. MILLER, Respondent-Cross-Appellant, v. PACIFIC TRAWLERS, INC., an Oregon corporation, Appellant-Cross Respondent, and F/V Cape Foulweather, a vessel, Defendant.

Court of Appeals of Oregon.

Decided March 15, 2006.

Attorney(s) appearing for the Case

Lisa E. Lear, Portland, argued the cause for appellant-cross-respondent. With her on the briefs were Jess B. Millikan and Bullivant Houser Bailey PC, San Francisco.

David N. Goulder, Portland, argued the cause for respondent-cross-appellant. With him on the briefs were Jeffrey S. Mutnick, Robert B. Hopkins, and Landye Bennett Blumstein LLP.

Before HASELTON, Presiding Judge, and LINDER and ORTEGA, Judges.

LINDER, J.

Plaintiff was involved in an accident in which he suffered serious permanent injury to both of his legs. As a result of that accident, plaintiff filed an action under the federal Jones Act, 46 USC app section 688(a), against his former employer, defendant Pacific Trawlers, Inc., alleging negligence.1 After a trial, the jury returned a verdict in plaintiff's favor, although it also found that plaintiff was four percent at fault...

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