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KAHN v. PONY EXPRESS COURIER CORP.

(9710-08258; CA A104742)

20 P.3d 837 (2001)

173 Or. App. 127

Steven A. KAHN, Personal Representative of the Estate of Corrine M. Tabert, Respondent, and State of Oregon, Acting by and through State Office for Services to Children and Families, Intervenor below, v. PONY EXPRESS COURIER CORPORATION, aka Pony Express Delivery Services, Inc., and William S. Colton, individually, Appellants.

Court of Appeals of Oregon.

Decided March 14, 2001.

Attorney(s) appearing for the Case

Thomas M. Christ, Portland, argued the cause for appellants. With him on the opening brief were Mitchell, Lang & Smith and Danny L. Hitt, Jr., James L. Hiller, and Hitt, Hiller & Monfils, Portland.

Roy Pulvers, Portland, argued the cause for respondent. With him on the brief was Lindsay, Hart, Neil & Weigler, LLP.

Hardy Myers, Attorney General, Michael D. Reynolds, Solicitor General, and Michael C. Livingston, Assistant Attorney General, filed a brief amicus curiae for State Office for Services to Children and Families.

Before WOLLHEIM, Presiding Judge, and DEITS, Chief Judge, and BREWER, Judge.

BREWER, J.

In this wrongful death action, defendants Pony Express Courier Corporation (Pony Express) and William S. Colton appeal a judgment entered after a jury returned a verdict for plaintiff, the personal representative of the estate of decedent Corinne Tabert. Tabert died, and her seven-year-old daughter was severely injured, as a result of being struck by a delivery van owned by Pony Express and driven by Colton. Defendants admitted fault, and the case was tried...

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