Faverty v. Mcdonalds Restaurants of Oregon Inc‪.‬

Defendant appeals from a judgment on a jury verdict awarding damages to plaintiff for injuries he suffered when his van was struck by a car driven by defendants off-duty employee, Matt Theurer. Plaintiffs theory is that defendant was negligent in working Theurer unreasonably long hours, knowing that he would then be a hazard to himself and others when he drove himself home from the work place. Defendant assigns error to the trial courts denial of several motions, to its overruling of an exception to one of plaintiffs jury instructions and to its refusal to allow the jury to compute the percentage of fault attributable to Theurer. We affirm.