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KIMBLER v. STILLWELL

TC A8208-05113; CA A34559; SC S32882.

734 P.2d 1344 (1987)

303 Or. 23

Delorous Y. KIMBLER, Respondent On Review, v. John Vernon STILLWELL, Aka John Vernon Bray, Defendant, and G.I. Joe's, an Oregon Corporation, Petitioner On Review.

Supreme Court of Oregon, In Banc.

Decided March 17, 1987.

Attorney(s) appearing for the Case

Jeffrey A. Johnson, Portland, argued the cause for petitioner on review. With him on the petition were Frank H. Lagesen, of Cosgrave, Kester, Crowe, Gidley & Lagesen, Portland.

Richard E. Fowlks, Portland, argued the cause for respondent on review.

LINDE, Justice.

Plaintiff, as the personal representative of the estate of Michael Kimbler, brought a wrongful death action against John Stillwell and G.I. Joe's, a retail merchant, alleging that Stillwell had intentionally shot Michael Kimbler with a shotgun and shells which G.I. Joe's had made it too easy for Stillwell to take from its store. The circuit court dismissed the complaint against G.I. Joe's under ORCP 21A.(8) as not stating ultimate facts sufficient...

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