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SLOGOWSKI v. LYNESS

90C12373; CA A79627.

884 P.2d 566 (1994)

131 Or. App. 213

Michael SLOGOWSKI, as Personal Representative of the Estates of Jason Steve Slogowski, Rachael Michelle Slogowski and Tanya Slogowski, Deceased, and as Guardian Ad Litem for April M. Slogowski, a Minor, Appellant, v. James N. LYNESS and County of Linn, Defendants, and PacifiCorp, dba Pacific Power & Light Company, Respondent.

Court of Appeals of Oregon.

Decided November 2, 1994.

Attorney(s) appearing for the Case

J. Michael Alexander, Salem, argued the cause for appellant. With him on the briefs was Burt, Swanson, Lathen, Alexander & McCann.

Andrew Gardner, Portland, argued the cause for respondent. With him on the brief were Charles F. Adams and Stoel Rives Boley Jones & Grey.

Before WARREN, P.J., and EDMONDS and LANDAU, JJ.

LANDAU, Judge.

Plaintiff appeals from a judgment on the pleadings, dismissing plaintiff's negligence claim against defendant PacifiCorp. We affirm.

When we review a judgment on the pleadings, we must accept the allegations of fact in the pleadings as true. Beason v. Harcleroad, 105 Or.App. 376, 379-80, 805 P.2d 700 (1991). The pleadings reveal the following facts.

Defendant James Lyness owns land adjacent...

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