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JONES v. CITY OF PRAIRIE CITY OR.

86-2-0031; CA A40508.

740 P.2d 236 (1987)

86 Or.App. 701

Brandi JONES, a Minor by and through Sheri Jones, Her Guardian Ad Litem, Appellant, v. THE CITY OF PRAIRIE CITY OREGON, Respondent.

Court of Appeals of Oregon.

Decided August 5, 1987.

Reconsideration Denied September 25, 1987.

Attorney(s) appearing for the Case

Claud Ingram, Eugene, argued the cause for appellant. With him on the brief was Bick & Monte, P.C., Eugene.

Allen M. Muir, Portland, argued the cause for respondent. With him on the brief were Richard J. Kuhn, Portland, Ridgway K. Foley, Jr., P.C., Portland, and Schwabe, Williamson, Wyatt, Moore & Roberts, Portland.

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

VAN HOOMISSEN, Judge.

This is an action to recover damages for negligence. Defendant's motion to dismiss was allowed. ORCP 21 A(8). Plaintiff appeals. The issue is whether plaintiff's complaint states a claim. We conclude that it does and reverse.

Plaintiff, a minor child, was bitten by a dog running at large in Prairie City (City). City's police department impounded the dog on the day that plaintiff was bitten. Two days later, City destroyed the dog. It had...

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