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MINTIER v. MOMB

CV 87-373; CA A62023.

796 P.2d 387 (1990)

103 Or.App. 148

Romona MINTIER, Guardian of an Incapacitated Person, Charles Tofflemire, Appellant, v. Michael MOMB, Dba M & W Building Supply Company, Inc., Respondent, and Thomas A. Rickert, Defendant.

Court of Appeals of Oregon.

Decided August 29, 1990.

Attorney(s) appearing for the Case

John R. Brooke, Portland, argued the cause for appellant. With him on the briefs was Wood Tatum Mosser Brooke & Landis, Portland.

J. Philip Parks, Salem, argued the cause and filed the brief for respondent.

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

RICHARDSON, Presiding Judge.

Plaintiff is the guardian of Charles Tofflemire, who was injured when the car in which he was a passenger collided with a parked truck owned by defendant Momb (defendant).1 Plaintiff contends that defendant was negligent in various particulars, including the manner in which the truck was parked. She alleged, inter alia, a negligence per se theory based on defendant's asserted violations of sections...

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