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BRASEL v. CHILDREN'S SERVICES DIVISION

No. 40-302; CA 19981.

642 P.2d 696 (1982)

56 Or.App. 559

Guy L. BRASEL and Vanessa M. Brasel, Individually and Guy L. Brasel and Vanessa M. Brasel, As Co-Personal Representatives of the Estate of Desha M. Brasel, Deceased, Appellants, v. CHILDREN's SERVICES DIVISION, an Agency of the State of Oregon, Respondent.

Court of Appeals of Oregon.

Decided March 22, 1982.

Attorney(s) appearing for the Case

Michael J. McElligott, Hillsboro, argued the cause and filed the brief for appellants.

Rudolph S. Westerband, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen. and William F. Gary, Sol. Gen., Salem.

Before GILLETTE, P.J., YOUNG, J., and ROBERTS, J. Pro Tem.

ROBERTS, Judge Pro Tem.

This is a wrongful death action brought by the parents of an 18-month-old girl who died as a result of injuries suffered in a day care center certified by the Children's Services Division (CSD). Plaintiffs appeal from the court's order dismissing their second amended complaint for failure to state a cause of action and from the granting of motions to strike certain of the allegations in their original complaint. We reverse and remand for trial...

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