Sterling v. City of Albany

*405O’CONNELL, J.

This is a petition for review of a decision of the Court of Appeals. Sterling v. City of Albany, 24 Or App 397, 545 P2d 1386 (1976).

The petitioner is the personal representative of Maurice Sterling, who was killed by police gunfire on April 15, 1972. Petitioner filed a wrongful death action against the city of Albany and the two policemen involved in the shooting. After a jury verdict for the defendants, the plaintiff appealed asserting that the trial court erred in refusing to strike certain affirmative defenses from the defendants’ pleadings. The Court of Appeals affirmed the…