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STOVALL v. PERIUS

No. A8003-01179; CA A22509.

659 P.2d 393 (1983)

61 Or.App. 650

David STOVALL, Respondent-Cross-Respondent, v. David John PERIUS, Respondent-Cross-Appellant, City of Portland, a Municipal Corporation, Appellant-Cross-Respondent.

Court of Appeals of Oregon.

Decided February 16, 1983.

Reconsideration Denied April 1, 1983.

Review Denied April 26, 1983.

Attorney(s) appearing for the Case

Ridgway K. Foley, Jr., Portland, argued the cause for appellant-cross-respondent, City of Portland. With him on the briefs were Rhona Friedman, Deputy City Atty., and Schwabe, Williamson, Wyatt, Moore & Roberts, Portland.

Raymond J. Conboy, Portland, argued the cause for respondent-cross-respondent, David Stovall. With him on the brief were Jan Thomas Baisch, and Pozzi, Wilson, Atchison, Kahn & O'Leary, Portland.

Timothy N. Brittle, Portland, argued the cause for respondent-cross-appellant, David Perius. With him on the brief was Acker, Underwood & Smith, Portland.

Before GILLETTE, P.J., and WARDEN and YOUNG, JJ.

GILLETTE, Presiding Judge.

In this personal injury action involving two defendants, the jury found the City of Portland (City) 75 percent at fault. The City assigns four errors, each concerning jury instructions. Defendant Perius (Perius), whom the jury found seven percent at fault, cross-appeals, raising two questions about jury instructions and one about the calculation of damages. We find no error and affirm.

On the night of his injury, plaintiff attended...

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