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BEVILLE v. MAC K. FALLS, INC.

No. 78-18-L; CA 15846.

619 P.2d 958 (1980)

49 Or.App. 477

David BEVILLE, Respondent, v. MAC K. FALLS, INC., a Corporation, Dba McDonalds of Klamath Falls, an Assumed Business Name, and Daniel John Zakour, Appellants.

Court of Appeals of Oregon.

Decided November 24, 1980.

Attorney(s) appearing for the Case

Robert L. Cowling, Medford, argued the cause for appellants. With him on the brief was Ford & Cowling, Medford.

Samuel A. McKeen, Klamath Falls, argued the cause and filed the brief for respondent.

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

WARREN, Judge.

Plaintiff brought this action for battery as a result of an altercation with defendant Zakour on defendant Mac K. Falls' (McDonald's) parking lot. Zakour was employed as night manager for defendant McDonald's, a franchised fast food restaurant.

After leaving their work at a local pizza parlor in Klamath Falls, plaintiff and two friends parked their two cars on a portion of a K Mart parking lot adjacent...

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