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WINN v. GILROY

No. 120015; CA A23680, No. 120016; CA A23681.

656 P.2d 386 (1983)

61 Or.App. 243

Lori A. WINN, Personal Representative of the Estate of Heather Lee Winn, Deceased, Appellant, v. Sharon Ellen GILROY, Personal Representative of the Estate of Clarence C. Gilroy, Deceased, Defendant, Steven A. Winn, Respondent. Lori A. Winn, Personal Representative of the Estate of Jennifer K. Winn, Deceased, Appellant, v. Sharon Ellen Gilroy, Personal Representative of the Estate of Clarence C. Gilroy, Deceased, Defendant, Steven A. Winn, Respondent.

Court of Appeals of Oregon.

Decided January 12, 1983.

Attorney(s) appearing for the Case

Paul J. DeMuniz, Salem, argued the cause for appellant. With him on the brief was Garrett, Seideman, Hemann, Robertson & DeMuniz, P.C., Salem.

J. Philip Parks, Salem, argued the cause for respondent. With him on the brief was Parks & Bauer, Salem.

Before RICHARDSON, P.J., JOSEPH, C.J., and VAN HOOMISSEN, J.

RICHARDSON, Presiding Judge.

Plaintiff appeals from a trial court judgment order dismissing consolidated wrongful death actions on the ground that defendant Winn, decedents' father, was immune from liability under the parental immunity doctrine. The issue is whether the allegations of plaintiff's complaints state a cause of action. We affirm.

Plaintiff, decedents' mother, and defendant Winn were husband and wife. At the time of the accident they had separated...

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