CATALE v. VANPORT MANUFACTURING, INC.

A8405-02878; CA A40131.

738 P.2d 599 (1987)

Joseph F. CATALE and Carol A. Catale, Personal Representatives for the Estate of Jason J. Catale, Deceased, Appellants, v. VANPORT MANUFACTURING, INC., Respondent.

Court of Appeals of Oregon.

Decided June 24, 1987.


Attorney(s) appearing for the Case

Robert K. Udziela, Portland, argued the cause, for appellants. With him on the briefs were Jan Thomas Baisch, Portland, and Pozzi, Wilson, Atchison, O'Leary & Conboy, Portland.

Michael S. Sommers, Portland, argued the cause, for respondent. With him on the brief was Frank E. Day, Portland.

Before WARDEN, P.J., JOSEPH, C.J., and VAN HOOMISSEN, J.


VAN HOOMISSEN, Judge.

This is an action for wrongful death. Plaintiffs appeal from a trial court judgment granting defendant summary judgment. The question is whether a genuine issue of fact exists as to whether defendant, the owner of the real property on which plaintiffs' child drowned, exercised sufficient control over the property to be responsible for the child's death. The trial court ruled that defendant exercised insufficient control over the property to be...

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