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JOACHIM v. CRATER LAKE LODGE, INC.

No. 420-787; CA 12971.

617 P.2d 632 (1980)

48 Or.App. 379

Janice JOACHIM, Respondent-Cross-Appellant, v. CRATER LAKE LODGE, INC., an Oregon Corporation, and Ralph Peyton, Appellants-Cross-Respondents.

Court of Appeals of Oregon.

Decided September 22, 1980.

Attorney(s) appearing for the Case

Henry C. Willener, Portland, argued the cause for appellants-cross-respondents. With him on the briefs were Souther, Spaulding, Kinsey, Williamson & Schwabe, Wayne A. Williamson, Ridgway K. Foley, Jr., Katherine H. O'Neil and Elizabeth K. Reeve, Portland.

Don S. Willner, Portland, argued the cause for respondent-cross-appellant. With him on the briefs were Willner, Bennett, Bobbitt & Hartman, Kafoury & Hagen and Charles S. Tauman, Portland.

Before RICHARDSON, P.J., and WARDEN and WARREN, JJ.

WARDEN, Judge.

After a trial by jury in Multnomah County, plaintiff recovered a judgment for $4000 compensatory damages and $15,000 punitive damages from defendants for illness caused by drinking contaminated water at Crater Lake National Park in the summer of 1975. Defendants appeal only the award of punitive damages. Their seven assignments of error raise four contentions: (1) punitive damages cannot be awarded on the allegations contained in the complaint; (2)...

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