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TOWE v. SACAGAWEA, INC.

084951L2; A142775.

264 P.3d 184 (2011)

246 Or. App. 26

Billie Charles TOWE, Plaintiff-Appellant, v. SACAGAWEA, INC., dba Re/Max Equity Group, Inc.; Re/Max International, Inc., and Rick J. Matthews, Defendants, and Rick J. Matthews and Sherry Matthews, dba Mountain View Rock; and Re/Max Ideal Properties, Inc., Defendants-Respondents.

Court of Appeals of Oregon.

Decided October 12, 2011.

Attorney(s) appearing for the Case

J. Randolph Pickett, Portland, argued the cause for appellant. With him on the briefs were R. Brendan Dummigan, Kristen West, and Pickett Dummigan LLP.

Andrew Grade, Lake Oswego, argued the cause for respondents Rick J. Matthews and Sherry Matthews. With him on the brief was Fotouhi Epps Hillger Gilroy PC.

David O. Wilson argued the cause and filed the brief for respondent Re/Max Ideal Properties, Inc.

Before ORTEGA, Presiding Judge, and SERCOMBE, Judge, and LANDAU, Judge pro tempore.

ORTEGA, P.J.

Plaintiff in this negligence case appeals after the trial court granted summary judgment in favor of defendants Rick Matthews and Sherry Matthews, dba Mountain View Rock (Mountain View), and Re/Max Ideal Properties (Re/Max). Plaintiff brought an action to recover for injuries he suffered after hitting a cable stretched across a private road (the access road) while riding his motorcycle. Plaintiff now challenges the trial court's conclusion that, as a...

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