Olson v. Coats

VAN HOOMISSEÑ, J.

This case involves a collision between two trucks. Plaintiff appeals from a judgment entered after a jury verdict finding him 70 percent and defendants 30 percent negligent. The dispositive issues are whether testimony stating a legal conclusion was admissible at trial and whether the trial court erred in taking a question of fact from the jury. We reverse and remand for a new trial.

The collision occurred in 1982 on Highway 97. Plaintiffs employe was driving a company truck and trailer north on a portion of highway that was, at the time, being repaired by defendant Deschutes…