PORTLAND FREIGHT v. CANADIAN IMPERIAL BANK

A8507-04717; CA A47005.

776 P.2d 35 (1989)

97 Or.App. 304

PORTLAND FREIGHT Service, Inc., Appellant, v. CANADIAN IMPERIAL BANK OF COMMERCE, Respondent, and Bill Warrington, Dba Warrington Construction Corporation, Dba Warrington Development Corporation, Dba Doctors Preferred Services Corporation, Defendants.

Court of Appeals of Oregon.

Decided June 21, 1989.


Attorney(s) appearing for the Case

Gayle L. Troutwine, Portland, argued the cause for appellant. With her on the briefs was Williams & Troutwine, P.C., Portland.

Jeffrey J. Bennett, Portland, argued the cause for respondent. With him on the brief was Bauer, Hermann, Fountain & Rhoades, P.C., Portland.

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


DEITS, Judge.

Plaintiff appeals the trial court's summary judgment for defendant on plaintiff's action for negligence. The issues are whether the action was barred as a matter of law by a subrogation of rights provision in a lease agreement and whether there was a material issue of fact as to whether that lease governed the parties' relationship. We affirm.

In May, 1980, plaintiff, as tenant, entered into a commercial lease agreement with Warrington, as landlord...

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