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SETTLE v. PGE

A8501-00182; CA A37083.

726 P.2d 389 (1986)

81 Or. App. 474

Michael C. SETTLE, Appellant, v. PORTLAND GENERAL ELECTRIC CO., an Oregon corporation, Respondent.

Court of Appeals of Oregon.

Decided October 8, 1986.

Reconsideration Denied November 21, 1986.

Review Denied December 16, 1986.

Attorney(s) appearing for the Case

C.S. Emmons, Albany, argued the cause, for appellant. With him on briefs was Emmons, Kyle, Kropp, Kryger & Alexander, Albany.

Emil R. Berg, Portland, argued the cause, for respondent. With him on brief was Hallmark, Griffith & Keating, Portland.

Before WARDEN, P.J., JOSEPH, C.J., and YOUNG, J.

WARDEN, Presiding Judge.

This is a personal injury action. Plaintiff appeals the judgment of the trial court dismissing his complaint for failure to state ultimate facts sufficient to constitute a claim. ORCP 21A. We affirm.

We set forth the facts drawn from the complaint in the light most favorable to plaintiff. During the course of plaintiff's employment for Liberty Cable Television, he used climbing spikes to climb a wood power pole maintained by defendant...

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