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MILLS v. BROWN

CC 16-82-04635; CA A37566; SC S33398.

735 P.2d 603 (1987)

303 Or. 223

C. Keith MILLS, Respondent On Review, v. Bruce Dwain BROWN, Ed Cox Plaster & Drywall, Inc., an Oregon Corporation, E & D Builders, Inc., an Oregon Corporation, Petitioners On Review, Estate of John Earnest Humphreys, Defendant.

Supreme Court of Oregon.

Decided April 14, 1987.

Reconsideration Denied May 13, 1987.

Attorney(s) appearing for the Case

Michael H. Long, of Flinn, Brown & Roseta, Eugene, argued the cause and filed the petition for petitioners on review.

A.J. Morris, of Hoffman, Morris, Giustina & Fox, Eugene, argued the cause and filed a response for respondent on review.

Before PETERSON, C.J., and LENT, LINDE, CAMPBELL, CARSON and JONES, JJ.

JONES, Justice.

This is a personal injury action arising out of a three-vehicle accident. The issue is whether Oregon's comparative fault statutes, ORS 18.470 and 18.480, require that the fact-finder consider the fault of persons not in the case when making the comparative fault determination.

Plaintiff was injured when his car was struck from behind by a car driven by John Earnest Humphreys. Humphreys died four months later from heart failure unrelated to...

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