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WILSON v. TRI-COUNTY METRO. TRANSP. DIST.

(0301-00495; CA A125823; SC S52741).

161 P.3d 933 (2007)

343 Or. 1

Jefferson WILSON, Petitioner on Review, v. TRI-COUNTY METROPOLITAN TRANSPORTATION DISTRICT OF OREGON, a municipal corporation, Respondent on Review.

Supreme Court of Oregon.

Decided June 7, 2007.

Attorney(s) appearing for the Case

Willard E. Merkel, Portland, argued the cause and filed the brief for petitioner on review.

Keith M. Garza, Portland, argued the cause and filed the brief on the merits for respondent on review.

Before DE MUNIZ, Chief Justice, and CARSON, GILLETTE, DURHAM, RIGGS, BALMER, and KISTLER, Justices.

DURHAM, J.

This is an action for damages due to personal injury. Plaintiff was a passenger on a bus operated by defendant Tri-County Metropolitan Transportation District (TriMet). Plaintiff claims that he suffered injuries when a "phantom vehicle" (a legal term that we discuss below) caused the bus in which he was riding to brake sharply, resulting in his injury. The trial court granted summary judgment for TriMet, and the Court of Appeals affirmed without opinion...

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