Legal Opinion

Hernandez v. Barbo MacHinery Co.

Oregon Supreme Court

Decided April 24, 1998No. CC 9310-06393; CA A85962; SC S43476PublishedCited by 85 opinions

1Opinion of the CourtKulongoski, J.

The issue in this products liability case is whether the trial court committed reversible error in refusing to give plaintiffs requested jury instruction. The Court of Appeals concluded that it did. Hernandez v. Barbo Machinery Co., 141 Or App 34, 917 P2d 30 (1996). We affirm the decision of the Court of Appeals.

We take the following facts from the opinion of the Court of Appeals:

“Plaintiff is a maintenance mechanic who serviced West-wood Manufacturing Company’s (Westwood) machinery. On June 25, 1993, plaintiff discovered a new saw at the Westwood work site, which he had never seen before,…

2Cases cited19 opinions

  1. Hall v. May Department Stores Co.Oregon Supreme Court · 1981
  2. Sandford v. Chevrolet Division of General MotorsOregon Supreme Court · 1982
  3. Waterway Terminals Co. v. P. S. Lord Mechanical ContractorsOregon Supreme Court · 1970
  4. Denton v. ArnsteinOregon Supreme Court · 1952
  5. Kabil Developments Corp. v. MignotOregon Supreme Court · 1977

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3Cited by85 opinions

  1. Beall Transport Equipment Co. v. Southern Pacific TransportationCourt of Appeals of Oregon · 2003
  2. Bennett v. Farmers Insurance Co.Oregon Supreme Court · 2001
  3. Shoup v. Wal-Mart Stores, Inc.Oregon Supreme Court · 2003
  4. State v. BarnesOregon Supreme Court · 1999
  5. State v. Reyes-CamarenaOregon Supreme Court · 2000

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