McCarthy v. Hensel Phelps Construction Co.

This is a negligence action for damages for bodily injury to Linda McCarthy and for loss of consortium to Peter McCarthy. Linda was injured when a car driven by defendant Burns struck a temporary guardrail installed at the site of a freeway construction project. Laneguard, Inc. (Laneguard) seeks reversal of a trial court order denying its motion for contribution from codefendant State of Oregon.1

Plaintiffs’ claims against Multnomah County were dismissed voluntarily prior to trial. Their claims against Phelps and Burns were settled. Their remaining claims against Laneguard and the State were…