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SAGER v. McCLENDEN

No. A8009-04984; CA A20085.

654 P.2d 1153 (1982)

60 Or.App. 497

Catherine T. SAGER, Personal Representative of the Estate of Gerald M. Sager, Deceased, Appellant, v. Dianna McClenden, Individually and d/b/a Club Venus, Marge Cereghino, and Town Talk Lounge, Inc., Individually and d/b/a the Table, Respondents.

Court of Appeals of Oregon.

December 8, 1982.

Attorney(s) appearing for the Case

On respondents Dianna McClenden's, individually and dba Club Venus, and Marge Cereghino's petition for reconsideration filed October 15, 1982.

M. Robert F. Smith, and Fellow, McCarthy, Zikes & Kayser, P.C., Portland, for petition for Dianna McClenden, individually and dba Club Venus, and Marge Cereghino.

Before RICHARDSON, Presiding Judge, and THORNTON and VAN HOOMISSEN, Judges.

THORNTON, Judge.

In their petition for reconsideration, defendants Dianna McClenden and Marge Cereghino complain (1) that we failed to address plaintiff's second contention, namely: Oregon's new Wrongful Death Statute (ORS 30.020) prohibits imputing the comparative negligence of a decedent to the claims of the survivors and (2) that the trial court erred in granting these petitioners' motion for a judgment on the pleadings and thus

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