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HAAS v. ESTATE OF CARTER

A169932.

502 P.3d 1144 (2021)

316 Or. App. 75

Roberta HAAS and Kevin Haas, Plaintiffs-Appellants, v. The ESTATE OF Mark Steven CARTER and State Farm Mutual Automobile Insurance Company, Defendants-Respondents, and Gerald Campbell, Defendant.

Court of Appeals of Oregon.

December 1, 2021.

Attorney(s) appearing for the Case

Kathryn H. Clarke argued the cause and filed the briefs for appellants.

Leslie A. Kocher-Moar , Portland, argued the cause for respondent The Estate of Mark Steven Carter. Also on the brief was MacMillan, Scholz & Marks, P.C.

Ralph C. Spooner , Salem, argued the cause for respondent State Farm Mutual Automobile Insurance Company. Also on the brief were David E. Smith and Spooner & Much, PC.

Before Lagesen, Presiding Judge, and James, Judge, and Hadlock, Judge pro tempore.

This appeal raises issues about two uniform jury instructions regarding causation— the "but for" instruction and the "substantial factor" instruction—that may be given in negligence cases. Here, the underlying litigation related to an automobile collision in which a car driven by defendant Carter struck plaintiffs...

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