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LEONARD v. MORAN FOODS, INC.

100811857; A150101.

343 P.3d 693 (2015)

269 Or. App. 112

Lane LEONARD, in his capacity as personal representative of the Estate of Lindsay Alyse Leonard, Plaintiff-Appellant, v. MORAN FOODS, INC., dba Save-A-Lot Food Stores; Supervalu, Inc., dba Save-A-Lot Food Stores; Tito Jose Feliciano, and City Of Portland, Defendants-Respondents, and Portland General Electric Company, dba PGE, Defendant.

Court of Appeals of Oregon.

Decided February 11, 2015.

Attorney(s) appearing for the Case

Richard J. Vangelisti , Portland, argued the cause for appellant. With him on the opening brief were Scott F. Kocher , Vangelisti Kocher LLP, Meagan A. Flynn , and Preston Bunnell & Flynn, LLP. With him on the reply brief were Vangelisti Law Firm LLC, Meagan A. Flynn , and Preston Bunnell & Flynn, LLP.

Jan K. Kitchel , Portland, argued the cause for respondents Moran Foods, Inc., Supervalu, Inc., and Tito Jose Feliciano. With him on the briefs were W. Michael Gillette , Andrew J. Lee , and Schwabe, Williamson & Wyatt, P.C.

Harry Auerbach , Chief Deputy City Attorney, argued the cause and filed the brief for respondent City of Portland.

Before DUNCAN, Presiding Judge, and LAGESEN, Judge, and SCHUMAN, Senior Judge.

While driving as part of his job as a district manager for defendant Moran Foods on the night of November 1, 2009, defendant Tito Feliciano struck plaintiff's daughter, Lindsay Leonard, with his car as she was crossing Foster Road in Portland in a marked but faded crosswalk under a streetlight that was not working. The collision killed...

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