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RICHARDS v. DAHL

CA 13885; SC 26840.

618 P.2d 418 (1980)

289 Or. 737

Coral Jean RICHARDS, Petitioner, v. Royal A. DAHL and Winnifred V. Dahl, Husband and Wife, Jack Fawcett and Virginia Fawcett, Husband and Wife, and Warren R. Dahl, Dba Virwin, Respondents.

Supreme Court of Oregon.

Decided October 21, 1980.

Attorney(s) appearing for the Case

Jossi Davidson, Silverton, argued the cause and filed the briefs for petitioner.

Paul J. Lipscomb, Salem, argued the cause for respondents. With him on the brief were Ron P. MacDonald and Blair, MacDonald, Jensen & Lipscomb, Salem.

Before DENECKE, C.J., and TONGUE, HOWELL, LENT, LINDE and PETERSON, JJ.

DENECKE, Chief Justice.

Plaintiff, defendants' tenant, brought this action for damages for the death of her infant son who was killed in a fire in plaintiff's apartment caused by an allegedly defective wall heater in that apartment. The trial court held there was no issue of fact and granted defendants' motion for a summary judgment and entered judgment for defendants. The Court of Appeals affirmed without opinion. 43 Or.App. 691, 604 P.2d 460 (1979). We reverse....

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