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EGBERT v. PENK

No. A8104-02371; CA A22342.

646 P.2d 639 (1982)

57 Or.App. 830

Diana J. EGBERT, by and through Her Guardian, Roy Egbert, Appellant, v. Ruth Ellen PENK and Gerald Penk, Defendants, Patricia Egbert, Respondent.

Court of Appeals of Oregon.

Decided June 16, 1982.

Attorney(s) appearing for the Case

Michael J. Kavanaugh, Portland, argued the cause for appellant. With him on the brief was Lekas & Dicey, Portland.

William A. Masters, Portland, argued the cause for respondent. With him on the brief was Mitchell, Lang & Smith, Portland.

Before GILLETTE, P.J., and WARDEN and YOUNG, JJ.

PER CURIAM.

This was an action for personal injuries brought by a child against her mother, inter alia.1 The mother's liability was allegedly based upon simple negligence. The trial court granted summary judgment to the mother. The child appeals. We affirm, based upon the established doctrine that an action will not lie in these circumstances for mere negligence. Cowgill v. Adm'r v. Boock, Adm'r, 189 Or. 282...

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