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COPE v. WEST AMERICAN INS. CO.

86-356 CV; CA A45475

768 P.2d 410 (1989)

95 Or.App. 114

Georgia COPE, Appellant, v. WEST AMERICAN INSURANCE CO. OF THE OHIO CASUALTY GROUP, an Ohio Corporation, Hurley-Henderson Insurance, Inc., Formerly Known As Driscoll, Padgett & Hurley, Respondents. West American Insurance Co. of the Ohio Casualty Group, an Ohio Corporation, Third-Party Plaintiff, v. Hurley-Henderson, Inc., an Oregon Corporation, Dba Hurley-Henderson Insurance, Inc., Formerly Known As Driscoll, Padgett & Hurley, Third-Party Defendant.

Court of Appeals of Oregon.

Decided January 25, 1989.

Reconsideration Denied March 24, 1989.

Review Allowed April 18, 1989.

Attorney(s) appearing for the Case

George W. Kelly, Eugene, argued the cause and filed the briefs for appellant.

Timothy C. Gerking, Medford, argued the cause for respondent West American Ins. Co. of the Ohio Cas. Group. With him on the brief was Brophy, Wilson & Duhaime, Medford.

Christopher Ledwidge, Medford, argued the cause for respondent Hurley-Henderson Ins., Inc. With him on the brief was Frohnmayer, Deatherage, deSchweinitz, Pratt & Jamieson, Medford.

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

DEITS, Judge.

Plaintiff appeals a summary judgment entered in favor of defendants, arguing that there were genuine issues of material fact and that summary judgment was therefore improper. We reverse and remand.

In September, 1985, plaintiff drove her automobile to work and parked in her employer's parking lot, which was across a public street from her employer's premises. After parking her car, she walked across the lot and had either entered or was about...

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