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WOOLSTON v. WELLS

No. 81-4-428, CA A24025, SC 29695.

687 P.2d 144 (1984)

297 Or. 548

Ronald W. WOOLSTON, Respondent On Review, v. Robert G. WELLS and Betty D. Wells, Petitioners On Review.

Supreme Court of Oregon, In Banc.

Decided August 14, 1984.

Attorney(s) appearing for the Case

W. Eugene Hallman, Mautz, Hallman & Teicher, Pendleton, argued the cause and filed briefs, for petitioners on review.

Douglas E. Hojem, Corey, Byler & Rew, Pendleton, argued the cause and filed briefs, for respondent on review.

LENT, Justice.

The issue is whether a landlord's possible liability to a tenant's invitee injured by a condition on the premises retained in the landlord's control is properly described in the language of 2 Restatement (Second) of Torts, §§ 343 and 343A(1) (hereinafter §§ 343 and 343A(1)) since the legislative adoption of comparative fault and the abolition of implied assumption of risk. We hold that those sections of the Restatement are no longer...

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