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PAYNE v. KERSTEN

A157494.

420 P.3d 631 (2018)

291 Or.App. 436

Myron Dale PAYNE, individually, and as Trustee of the Payne Living Trust, Plaintiff-Appellant, v. Lee D. KERSTEN, Defendant-Respondent.

Court of Appeals of Oregon.

April 18, 2018.

Attorney(s) appearing for the Case

Terrence Kay, Salem, argued the cause and filed the briefs for appellant.

Janet M. Schroer, Portland, argued the cause for respondent. With her on the brief were Ruth C. Rocker and Hart Wagner LLP.

Before DeHoog, Presiding Judge, and Hadlock, Judge, and Aoyagi, Judge.

In this legal malpractice case, plaintiff, individually and as trustee of the Payne Living Trust, filed an action against his former attorney for alleged negligence and breach of fiduciary duty. The trial court granted summary judgment in favor of defendant. The court applied issue preclusion to conclude that the judgment in a separate...

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