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STORM v. McCLUNG

(CCV9605004; CA A99618; SC S47680, S47713).

47 P.3d 476 (2002)

334 Or. 210

Nancy J. STORM, Personal Representative for the Estate of Jon E. Storm, Deceased, Respondent on Review/Petitioner on Review, v. Rick McCLUNG, Respondent on Review, and City of Oregon City, a Municipal Corporation, Petitioner on Review/Respondent on Review.

Supreme Court of Oregon.

Decided June 7, 2002.

Attorney(s) appearing for the Case

Robert E. Franz, Jr., Springfield, argued the cause for petitioner on review/respondent on review City of Oregon City. With him on the briefs were Kathryn D. Piele and Michael O. Whitty.

W. Eugene Hallman, of Hallman & Dretke, Pendleton, argued the cause and filed the briefs for respondent on review/petitioner on review Storm.

No appearance on behalf of respondent on review McClung.

Maureen Leonard and Kathryn H. Clarke, Portland, filed briefs on behalf of amicus curiae Oregon Trial Lawyers Association.

David L. Runner, Salem, filed a brief on behalf of amici curiae SAIF Corporation, Pape Group, Inc., and Timber Products Company.

Marjorie A. Speirs and Janet M. Schroer, of Hoffman, Hart & Wagner, LLP, Portland, filed a brief on behalf of amicus curiae Oregon Association of Defense Counsel.

Before CARSON, Chief Justice, and GILLETTE, DURHAM, LEESON, RIGGS, and De MUNIZ, Justices.

De MUNIZ, J.

Plaintiff, the widow of Jon Storm and the personal representative of his estate, brought this wrongful death action, under ORS 30.020 against the City of Oregon City (the city) for the benefit of Storm's mother, Myrtha Storm, and his daughters, Sonia and Tami Storm. A jury found that Storm and the city were each 50 percent negligent in causing Storm's death and awarded damages. In accordance with ORS 30.050, the trial court entered a judgment for plaintiff...

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