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BODEN v. FORD MOTOR CO.

A8106-03502; CA A37569.

739 P.2d 1067 (1987)

86 Or.App. 465

Peter A. BODEN, Appellant, v. FORD MOTOR Company; Specialized Trucking Services, Inc.; Rambo-Hayden Ford CO.; Ralph John Davidson, Jr.; Robert Lane Davidson Dba Davidson & Sons Excavating; United States Fidelity & Guaranty Company, a Maryland Corporation, Defendants, West Coast Auto Salvage Auction, Inc., an Oregon Corporation, Respondent.

Court of Appeals of Oregon.

Decided July 22, 1987.

Attorney(s) appearing for the Case

Robert K. Udziela, Portland, argued the cause for appellant. With him on the briefs were Daniel C. Dziuba and Pozzi, Wilson, Atchison, O'Leary & Conboy, Portland.

Carrell Bradley, Hillsboro, argued the cause and filed the brief for respondent.

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

YOUNG, Judge.

In this negligence case, plaintiff appeals from a judgment, entered pursuant to ORCP 67B, in favor of defendant West Coast Auto Salvage Auction, Inc. (West Coast). The judgment was entered after the trial court dismissed the third amended complaint for failure to allege facts sufficient to constitute a claim.1 ORCP 21A(8). We reverse.

We accept the facts pleaded by plaintiff as true. Sommerfeldt v. Trammell,

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