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SCHAFF v. RAY'S LAND & SEA FOOD CO., INC.

(99CV0025; CA A110162; SC S48360)

45 P.3d 936 (2002)

334 Or. 94

Cindy SCHAFF, Personal Representative of the Estate of Kevin Schaff, deceased, Petitioner on Review, v. RAY'S LAND & SEA FOOD CO., INC., an Oregon corporation, Respondent on Review.

Supreme Court of Oregon, En Banc.

Decided May 9, 2002.

Attorney(s) appearing for the Case

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

Christopher Hatfield, of Hurley, Lynch & Re, P.C., Bend, argued the cause and filed the briefs for respondent on review.

BALMER, J.

This personal injury case requires us to determine whether the trial court erred in granting summary judgment for defendant. Plaintiff is the personal representative of the estate of Kevin Schaff, who died in a collision that Adam Stockert allegedly caused. Plaintiff claims that Stockert was defendant's employee and that defendant is vicariously liable to plaintiff for damages caused by Stockert's negligence. The trial court granted summary judgment for...

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