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SCOVELL v. TRK TRANS, INC.

16-80-06182; CA A29387.

691 P.2d 911 (1984)

71 Or.App. 186

Joseph H. SCOVELL, Personal Representative of the Estate of Roy Horace Scovell, Deceased, Plaintiff, v. TRK TRANS, INC., a Corporation, and Charles Glenn Robbins, Defendants, and Trk Trans, Inc., a Corporation, Third-Party Plaintiff-Appellant, v. State of Oregon, Oregon Transportation Commission, Highway Division, Third-Party Defendant-Respondent.

Court of Appeals of Oregon.

Decided November 28, 1984.

Reconsideration Denied February 15, 1985.

Attorney(s) appearing for the Case

Richard A. Roseta, Eugene, argued the cause for appellant. With him on the briefs was Flinn, Brown & Roseta, Eugene.

Michael D. Reynolds, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

BUTTLER, Presiding Judge.

In August, 1980, Scovell, as personal representative of his brother's estate, brought an action against TRK Trans, Inc. (TRK), for the wrongful death of his brother, who was struck and killed by a truck driven by a TRK employe in November, 1979. TRK filed a third-party claim against the State Transportation Commission, Highway Division (state), asserting in its fourth amended third-party complaint claims for contribution and common law indemnity...

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