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HAAS v. ESTATE OF CARTER

(CC 16CV24579) (SC S069255).

525 P.3d 451 (2023)

370 Or. 742

Roberta HAAS and Kevin Haas, Petitioners on Review, v. The ESTATE OF Mark Steven CARTER and State Farm Mutual Automobile Insurance Company, Respondents on Review, and Gerald Campbell, Defendant.

Supreme Court of Oregon.

February 24, 2023.

Attorney(s) appearing for the Case

Kathryn H. Clarke, Portland, argued the cause and filed the briefs for petitioners on review.

Ralph C. Spooner, Spooner & Much PC, Salem, argued the cause and filed the brief for respondent on review State Farm Mutual Automobile Insurance Company. Also on the briefs was David E. Smith, Salem.

Leslie A. Kocher-Moar, MacMillan Scholz & Marks PC, Portland, argued the cause and filed the brief for respondent on review Estate of Mark Steven Carter.

Travis Eiva, Eiva Law, Eugene, filed the brief for amicus curiae Oregon Trial Lawyers Association.

Lindsey H. Hughes, Keating Jones Hughes PC, Portland, and Janet M. Schroer, Hart Wagner LLP, Portland, filed the brief for amici curiae Oregon Association of Defense Counsel, American Property Casualty Insurance Association, American Tort Reform Association, and Chamber of Commerce of the United States of America.

Before Flynn, Chief Justice, and Duncan, Garrett, and DeHoog, Justices, and Balmer and Walters, Senior Judges, Justices pro tempore.

In this negligence action, we conclude that the trial court did not err in instructing the jury on the causation element of plaintiffs' claims. Although our reasoning varies from that of the Court of Appeals, we affirm its decision, Haas v. Estate of Mark Steven Carter, 316 Or.App. 75, 87-88, 502 P.3d 1144 (2021), and the judgment...

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