JONES v. FLANNIGAN


526 P.2d 543 (1974)

Hezekiah JONES, Appellant, v. David FLANNIGAN, Respondent.

Supreme Court of Oregon.

Decided September 26, 1974.


Attorney(s) appearing for the Case

L.B. Sandblast, Portland, argued the cause and filed a brief for appellant.

Jeffrey M. Batchelor, Portland, argued the cause for respondent. With him on the brief were Fred M. Aebi, and Gearin, Cheney, Landis, Aebi & Kelley, Portland.

Before O'CONNELL, C.J., and McALLISTER, HOLMAN, TONGUE, HOWELL and SLOPER, JJ.


HOLMAN, Justice.

Plaintiff brought this action for damages for the loss of services of a 13 year old son whom he claims was killed as the result of the negligent and/or intentional acts of the defendant, a school teacher, who was attempting to stop a fight between the deceased and another boy. Defendant filed an answer contending that plaintiff was collaterally estopped to bring such an action because plaintiff, as the administrator of his son's estate, had brought...

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