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SLOGOWSKI v. LYNESS

CC 90C12373; CA A79627; SC S41955.

927 P.2d 587 (1996)

324 Or. 436

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, Petitioner on Review, v. James N. LYNESS and County of Linn, Defendants, and Pacificorp, dba Pacific Power & Light Company, Respondent on Review.

Supreme Court of Oregon.

Decided December 6, 1996.

Attorney(s) appearing for the Case

J. Michael Alexander, of Burt, Swanson, Lathen, Alexander, McCann & Smith, P.C., Salem, argued the cause and filed the briefs for petitioner on review.

Andrew R. Gardner, of Stoel Rives, Portland, argued the cause for respondent on review. With him on the brief was Charles F. Adams.

Before CARSON, C.J., and GILLETTE, VAN HOOMISSEN, FADELEY, and DURHAM, JJ.

CARSON, Chief Justice.

In this negligence action, we must decide whether plaintiff has stated a claim against defendant Pacificorp ("defendant"). The trial court entered a judgment on the pleadings in favor of defendant, pursuant to ORCP 21 B. The Court of Appeals affirmed. Slogowski v. Lyness, 131 Or.App. 213, 884 P.2d 566 (1994). We reverse.

"[W]hen the pleadings, taken together...

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