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ESTATE EX REL. ESTATE OF MARIA REFUGIO IBARRA v. LILLY

091200; A146268.

263 P.3d 1053 (2011)

245 Or. App. 294

ESTATE OF Maria Refugio IBARRA, By and Through Leticia IBARRA, Personal Representative; Jose Ibarra; Cesar Ibarra-Andrade; Otoniel Ibarra, by and through Samantha Ibarra as guardian ad litem; and Pedro Ibarra, Plaintiffs, and Pedro Antonio Ibarra and Oscar Ortega-Murillo, Plaintiffs-Respondents, v. Dennis Mark LILLY, individually, as authorized representative, registrant, dba M. Lilly Logging, an Oregon registered assumed business name, Defendant-Appellant.

Court of Appeals of Oregon.

Decided August 31, 2011.

Attorney(s) appearing for the Case

John T. Kaempf , Portland, argued the cause for appellant. With him on the briefs were Brooksby Kaempf PC, Kristin L. Olson , and Bullivant Houser Bailey, PC.

Craig M. Hopkins argued the cause and filed the brief for respondents.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and NAKAMOTO, Judge.

PER CURIAM.

Plaintiffs were injured when their minivan collided with defendant's log truck. A jury found that defendant's negligence had caused the accident and returned a verdict that awarded economic damages to plaintiffs. The verdict, however, did not award any noneconomic damages. Plaintiffs objected, and the court instructed the jury to further deliberate on that point. After further deliberation, the jury found that defendant's conduct had caused plaintiffs...

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