Hammagren v. Wald Construction, Inc.

This action involves the application of the comparative negligence statute, ORS 18.470,1 and the court’s instructions and form of verdict submitted to the jury.

Plaintiff was struck by a truck operated by defendant Wally Smith, an employee of defendant Wald Construction, Inc. Defendants stipulated that Smith was acting within the scope of his employment at the time of the accident. Plaintiff alleged that defendants’ negligence caused his injuries, and defendants alleged that plaintiff was contributorily negligent.

The trial court instructed the jury on comparative negligence, and the jury…