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MATSON v. OREGON ARENA CORP.

041212333; A139601.

256 P.3d 161 (2011)

242 Or. App. 520

Tammy L. MATSON, Plaintiff-Respondent, v. OREGON ARENA CORPORATION, a corporation, Defendant-Appellant, and Ellerbe Becket, Inc., a foreign corporation, and Coast to Coast Event Services, Inc., a corporation, Defendants.

Court of Appeals of Oregon.

Decided May 4, 2011.

Attorney(s) appearing for the Case

James N. Westwood, Portland, argued the cause for appellant. With him on the briefs were Stoel Rives LLP, and Schwabe Williamson & Wyatt, P.C., and Daniel F. Knox.

Kathryn H. Clarke argued the cause for respondent. With her on the brief were Don Corson and Phillip C. Gilbert.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and ROSENBLUM, Judge.

WOLLHEIM, J.

Defendant Oregon Arena Corporation (OAC) appeals after a jury found it 50 percent at fault for injuries suffered by plaintiff when she fell from a railing at the Rose Garden arena. OAC asserts that the trial court erred in instructing the jury that any negligence of OAC's agent Coast to Coast Event Services, Inc. (Coast to Coast) is the negligence of OAC and in repeating that principle in a comment to the jury about the instruction. We affirm.

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