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PHOMVONGSA BY PHOMVONGSA v. PHOUNSAVETH

48325; CA A30351.

696 P.2d 567 (1985)

72 Or.App. 518

ARMELY PHOMVONGSA, BY Mane Phomvongsa, His Guardian Ad Litem, Appellant, v. Sonephet PHOUNSAVETH, Ralph Reinertsen and Anona Kay Reinertsen, Respondents.

Court of Appeals of Oregon.

Decided March 6, 1985.

Reconsideration Denied April 19, 1985.

Attorney(s) appearing for the Case

Daniel Hoarfrost, Portland, argued the cause for appellant. With him on the brief were Nash & Hoarfrost, Portland.

Griffith C. Steinke, Salem, argued the cause for respondents. With him on the brief were Clark, Marsh, Lindauer & McClinton, Salem.

Before JOSEPH, C.J., and WARDEN and NEWMAN, JJ.

WARDEN, Judge.

When plaintiff was three years old, he got out of the back door of a car driven by defendant Phounsaveth before the car came to a stop and was pinned under a rear wheel. Phimmala Phounsaveth, plaintiff's babysitter, was also in the car. This action for damages based on negligence was brought against the driver and the owners of the car, the Reinertsens. The jury returned a verdict in favor of defendants. Plaintiff appeals. We reverse and remand.

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