Jensen v. Alley

In this action for contribution, ORS 18.430 et seq, plaintiff appeals from a judgment of involuntary dismissal for insufficiency of the evidence. ORCP 54B(2). Defendant cross-assigns error to the trial court’s ruling that allowed plaintiff to seek contribution in excess of his liability insurance deductible. We reverse.

In July, 1990, defendant Alley, a farmer, hired plaintiff Jensen, a crop duster, to spray insecticide on defendant’s mint crop. Adjacent landowners, Robert and Roberta Vanek, brought trespass and negligence claims against both plaintiff and defendant, alleging that the…