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MAQUIEL v. ADKINS

16-98-01612; A105437

27 P.3d 1050 (2001)

175 Or. App. 43

Mayra MAQUIEL, aka Myra Maquiel, Appellant, v. Ryan ADKINS and Mark Adkins, Respondents.

Court of Appeals of Oregon.

Decided June 27, 2001.

Attorney(s) appearing for the Case

Marianne Dugan, Eugene, argued the cause for appellant. With her on the briefs was Facaros Dugan Rosas.

John F. Kilcullen, Eugene, argued the cause for respondents. With him on the brief was Brown, Roseta, Long, McConville, Kilcullen & Carlson.

Before LANDAU, Presiding Judge, and LINDER and BREWER, Judges.

Argued and Submitted October 25, 2000, Springfield.

LINDER, J.

This negligence action arose from an accident in which defendants' vehicle rolled into a lake and plaintiff, who was attempting to remove her daughter from the vehicle, was temporarily trapped underwater by the vehicle's door.1 Plaintiff sought to prove that defendant was presumptively negligent under ORS 811.585(1) because he failed to park his vehicle in a manner...

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