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GYMNASTICS USA v. McDOUGAL

85-0516; CA A43303.

758 P.2d 881 (1988)

92 Or.App. 453

GYMNASTICS USA, a Non-Profit Corporation, Appellant, v. Jeffrey McDougal, by and through His Guardian Ad Litem Patricia Miller, and Damon Jensen by and through His Guardian Ad Litem Ralph C. Spooner, Respondents, and William Wilkerson and Christian Wilkerson, Defendants. M. Duane Rawlins, M. Duane Rawlins, Inc., Robert MacArthur, and Peggy MacArthur, Plaintiffs, v. Marvin Miller, Patricia Miller and Jeffrey McDougal by Patricia Miller, Guardian Ad Litem for Jeffrey McDougal, Defendants.

Court of Appeals of Oregon.

Decided August 10, 1988.

Attorney(s) appearing for the Case

J. Michael Alexander, Salem, argued the cause, for appellant. With him on the briefs was Burt, Swanson, Lathen, Alexander & McCann, Salem.

Paul J. De Muniz, Salem, argued the cause, for respondent Jeffrey McDougal. With him on the brief was Garrett, Seideman, Hemann, Robertson & De Muniz, P.C., Salem.

Ralph C. Spooner, Salem, argued the cause and filed the brief, for respondent Damon Jensen.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

WARREN, Judge.

This is an action for property damage arising out of a fire. The only parties to this appeal are Gymnastics USA (plaintiff) and defendants Jeffrey McDougal and Damon Jensen.1 Appellant originally pled claims for negligence, trespass and abnormally dangerous activities. The case was submitted to the jury solely on the trespass claim. A judgment was entered on a verdict for defendants...

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