J. B. P., v. TAKA, INC., 68 Or. App. 448 (1984)

681 P.2d 805

J. B. P., Respondent, v. TAKA, INC. et al, Defendants, McCARTHY, Appellant.

38533; CA A29110Oregon Court of Appeals.Argued and submitted May 9, 1984
Affirmed as modified May 30, 1984

Appeal from Circuit Court, Benton County.

Robert S. Gardner, Judge.

Richard C. Morley, Salem, argued the cause and filed the brief for appellant.

Robert J. Riecke, Philomath, argued the cause and filed the brief for respondent.

Before Gillette, Presiding Judge, and Van Hoomissen and Young, Judges.

PER CURIAM

Judgment for plaintiff modified by deleting $7,990 from award for general damages; affirmed as modified.

Page 449

PER CURIAM

Pursuant to our authority under Or Const, Art VII (Amended), § 3, and in light of the trial court’s findings, the judgment for plaintiff for general damages in this case is reduced from $13,500 to $5,510. In all other respects, the judgment for plaintiff is affirmed.

Judgment for plaintiff modified by deleting $7,990 from award for general damages; affirmed as modified.

Page 450