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ARONSON v. FAGAN

562 P.2d 974 (1977)

278 Or. 135

Daniel Merl ARONSON and Daniel Merl Aronson, a Minor by Lois Aronson, His Guardian Ad Litem, Appellant, v. Charles Rolland FAGAN, Respondent.

Supreme Court of Oregon, Department 2.

Decided April 19, 1977.

Attorney(s) appearing for the Case

Roy Dwyer, P.C., Eugene, argued the cause and filed a brief for appellant.

Paul D. Clayton, Eugene, argued the cause for respondent. With him on the brief were Luvaas, Cobb, Richards & Fraser, Eugene.

Before DENECKE, C.J., and TONGUE, BRYSON and DAVIS, JJ.

DAVIS, Justice Pro Tem.

A jury verdict was returned against plaintiff, who was seeking damages for personal injuries. Four interrogatories were submitted to the jury: defendant's negligence, plaintiff's negligence, percentage of negligence, and damages. Plaintiff was found to be 80 percent negligent by 10 of the 12 jurors. The attorney for plaintiff requested the trial court to poll the jury on each interrogatory. This request was denied, although a poll was taken...

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