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SAECHAO v. MATSAKOUN

TC A8406-03428, CA A34147, SC S32866.

727 P.2d 126 (1986)

302 Or. 155

Yoon Fou SAECHAO, Guardian Ad Litem for Kae Fou Saechao, Sou Fou Saechao, and Farm Fou Saechao, Petitioner on Review, v. Khamchana MATSAKOUN and Thon Boupha, Respondents on Review.

Supreme Court of Oregon, In banc.

October 28, 1986.

Attorney(s) appearing for the Case

Stephen C. Hendricks, Portland, filed the petition for review for petitioner on review.

Robert E. Barton, of Cosgrove, Kester, Crowe, Gidley & Lagesen of Portland, appeared for respondent Thon Boupha.

Denny Z. Zikes of Zikes, Kayser, Freed, Smith & Held of Portland, appeared for respondent Khamchana Matsakoun.

MEMORANDUM OPINION

The trial court entered a final judgment dismissing two of the three personal injury claims. The plaintiff guardian ad litem appealed the judgment to the Court of Appeals which affirmed the trial court in an in banc 6-4 decision. The Court of Appeals ruled in effect that emotional distress resulting from witnessing the death in an accident of a family member is compensable in a tort action only if there was a direct impact of the accident...

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