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BLACKLEDGE v. HARRINGTON

Nos. TC 38-388; CA 15518; SC 27682.

634 P.2d 243 (1981)

291 Or. 691

Evelyn BLACKLEDGE, Appellant, v. Norma V. HARRINGTON and Robert E. Harrington, Dba Nendel's Inn, Respondents, v. Tom Decker, Petitioner.

Supreme Court of Oregon.

Decided October 6, 1981.

Attorney(s) appearing for the Case

Larry A. Brisbee, Hillsboro, argued the cause and filed the petition. On the brief were William H. Stockton and Schwenn, Bradley, Batchelor & Brisbee, Hillsboro.

Peter R. Chamberlain, Portland, argued the cause for respondents. With him on the brief was Bodyfelt, Mount & Stroup, Portland.

Before DENECKE, C.J., and TONGUE, LENT, LINDE and TANZER, JJ.

TANZER, Justice.

The issue is whether there is a cause of action for contribution under ORS 18.440(1) against a party who has been adjudicated not liable in tort to the original plaintiff in a separate lawsuit.

Plaintiff Blackledge was allegedly injured when she fell down a flight of stairs at Nendel's Inn. Defendant Decker's dog was on the premises and allegedly startled plaintiff, causing her to fall. Plaintiff brought two actions for damages, this case...

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