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DUNLAP v. DICKSON

86-CV-0298-TM; CA A45303.

754 P.2d 27 (1988)

91 Or.App. 150

Jefferson DUNLAP, Appellant, v. Janet R. DICKSON, Respondent.

Court of Appeals of Oregon.

Decided May 11, 1988.

Reconsideration Denied July 1, 1988.

Attorney(s) appearing for the Case

John Berge, Bend, argued the cause for appellant. On the brief were Gregory P. Lynch and Gray, Fancher, Holmes & Hurley, Bend.

Barbara A. Haslinger, Bend, argued the cause for respondent. On the brief was Michael B. McCord, Bend.

Before WARDEN, P.J., and VAN HOOMISSEN and GRABER, JJ.

GRABER, Judge.

This case concerns a collision between a cow and a tractor-trailer on State Highway 97 in a "livestock district." Plaintiff driver sued defendant, owner of the cow, on a theory of ordinary negligence. Defendant obtained a summary judgment on the grounds that (1) there is no common law negligence action available to a motorist who hits an animal described in ORS chapter 607 and (2) the applicable statute is ORS 607.045(1), which requires that plaintiff...

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