Roach v. Kelly Health Care, Inc.

Plaintiff appeals a judgment for defendants in this survival action. ORS 30.075. Plaintiff sought damages for personal injuries that Edna Tusón (Tusón), plaintiffs decedent, sustained in her home while under the care of defendant Kelly Health Care, Inc. (Kelly). Plaintiff contends that the trial court erred when it granted Kelly’s motion for a directed verdict against several negligence per se allegations, improperly instructed the jury on the one negligence per se allegation that it did not dismiss and erred in several other respects. We hold that the court’s resolution of the negligence per…