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MOORE v. WILLIS

A8403-01700; CA A37692.

740 P.2d 192 (1987)

86 Or.App. 493

Robert D. MOORE, Personal Representative of the Estate of Richard Charles Moore, Deceased, Appellant, v. Patrick Heron WILLIS, Dale Eugene Phillips, Defendants, Kenneth Dale Butchek, Mary D. Butchek, Robert O'Brien and Marilyn O'Brien, Respondents.

Court of Appeals of Oregon.

Decided July 22, 1987.

Reconsideration Denied October 9, 1987.

Attorney(s) appearing for the Case

Hugh G. Grady, Portland, argued the cause for appellant. With him on brief, was Richard T. Clarke, Portland.

I. Franklin Hunsaker, Portland, argued the cause for respondents Butchek. With him on brief, were Stephen F. English, David A. Ernst, and Bullivant, Houser, Bailey, Hanna, Pendergrass, Hoffman, O'Connell & Goyak, Portland.

Scott J. Meyer, Portland, argued the cause for respondents O'Brien. With him on brief, was Mitchell, Lang & Smith, Portland.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.

NEWMAN, Judge.

In this wrongful death action, plaintiff appeals a judgment on the pleadings for defendants Butchek and O'Brien.1 ORCP 21 B. We reverse.

Plaintiff is the personal representative of Moore, the deceased. Moore's minor son, Troy, survived him. In his first claim, based on common law negligence and negligence per se, plaintiff alleged that the Butcheks and O'Briens owned and operated taverns and were in the business...

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