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COULTER PROPERTY MANAGEMENT, INC. v. JAMES

CC 9305-02944; CA A85455; SC S43732.

970 P.2d 209 (1998)

328 Or. 164

COULTER PROPERTY MANAGEMENT, INC., Respondent on Review, v. Samuel JAMES, Petitioner on Review.

Supreme Court of Oregon.

Decided December 17, 1998.

Attorney(s) appearing for the Case

Jeffrey C. Jacobs, Portland, argued the cause and filed the briefs for petitioner on review.

Ralph C. Spooner, of Spooner & Much, P.C., Salem, argued the cause for respondent on review. With him on the briefs was Mary Kim Wood.

Annette E. Talbott, Portland, filed briefs on behalf of amicus curiae Oregon Trial Lawyers' Association.

Before CARSON, Chief Justice, and GILLETTE, VAN HOOMISSEN, DURHAM and KULONGOSKI, Justices.

VAN HOOMISSEN, J.

This is a landlord-tenant personal injury action. We address two questions on review: First, do the habitability requirements of the 1991 version of the Oregon Residential Landlord and Tenant Act (RLTA), ORS 90.100 et seq. (1991) require that a tenant prove that the landlord knew or should have known of an alleged habitability violation? Both the circuit court and the Court of Appeals concluded that the 1991 RLTA requires proof of actual or...

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