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NATIONWIDE INS. CO. OF AMERICA v. TRIMET

120911252; A153690.

333 P.3d 1174 (2014)

264 Or. App. 714

NATIONWIDE INSURANCE COMPANY OF AMERICA, Plaintiff-Appellant, v. TRI-COUNTY METROPOLITAN TRANSPORTATION DISTRICT, (TRIMET), Defendant-Respondent.

Court of Appeals of Oregon.

Decided August 13, 2014.

Attorney(s) appearing for the Case

Barry J. Goehler , Portland, argued the cause for appellant. With him on the briefs was Law Office of Barry J. Goehler.

Gregory E. Skillman , Eugene, argued the cause and filed the brief for respondent.

Before DUNCAN, Presiding Judge, and WOLLHEIM, Judge, and LAGESEN, Judge.

LAGESEN, J.

According to the complaint in this case, plaintiff Nationwide Insurance Company of America paid $2,753.73 to repair damages to its insured's Cadillac caused by defendant Tri-County Metropolitan Transportation District's (TriMet) negligently operated bus. Plaintiff then sued defendant to recover that amount, alleging that it was "subrogated to all rights of its insured" against defendant. Defendant moved to dismiss the complaint under ORCP 21 A(6) and ORCP...

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