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MILLER EX REL. MILLER v. TABOR WEST INVESTMENT CO., LLC

041212888; A130947.

196 P.3d 1049 (2008)

223 Or. App. 700

Donald MILLER, by and through his legal guardian, Janis MILLER, Plaintiff-Appellant, v. TABOR WEST INVESTMENT CO., LLC, an Oregon limited liability company, and E.C. Owen Property Management, Inc., Defendants-Respondents, and B & D Management, Inc., an Oregon corporation, Defendant.

Court of Appeals of Oregon.

Decided November 12, 2008.

Attorney(s) appearing for the Case

Wayne Mackeson, Portland, argued the cause for appellant. With him on the briefs were Richard H. Braun, and Birmingham & Mackeson, LLP.

Robert L. Winkler, Salem, argued the cause for respondent. With him on the brief was Parks, Bauer, Sime, Winkler & Fernety.

Before HASELTON, Presiding Judge, and BREWER, Chief Judge, and ARMSTRONG, Judge.

ARMSTRONG, J.

In March 2003, plaintiff was assaulted and seriously injured by a man named Homer Woods in a convenience store located adjacent to the apartment complex where plaintiff and Woods both lived. Plaintiff1 subsequently brought this action against the owners of the apartment complex and their property managers, Tabor West Investment Co., LLC and E.C. Owen Property Management, Inc., respectively,2 alleging...

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