Cutsforth v. KINZUA CORPORATION

This is an action for wrongful death arising out of a collision between the plaintiff’s decedent’s automobile and defendant’s log loader. Defendant filed a counterclaim for damages to its log loader. Oregon’s comparative negligence statute, OES 18.470, was in effect at the time of the accident. The jury, by “SPECIAL FINDINGS OF FACT” (ORS 17.415), found that plaintiff’s decedent- was 56 percent negligent and defendant was 44 -percent negligent. The trial court entered judgment that plaintiff “recover nothing under the complaint” and that, def endant.“recover nothing on *427its counterclaim * *…