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BOGER v. NORRIS & STEVENS, INC.

A8712-07472, A8802-00894; A61773 (Control), A61774.

818 P.2d 947 (1991)

109 Or.App. 90

Verne J. BOGER, Respondent, v. NORRIS & STEVENS, INC., an Oregon Corporation, Jim Day and Mary Lou Day, Appellants. Monte Irwin, Respondent, v. Norris & Stevens, Inc., an Oregon Corporation, Jim Day and Mary Lou Day, Appellants, and William H. Bauman, Defendant.

Court of Appeals of Oregon.

Decided October 2, 1991.

Reconsideration Denied November 20, 1991.

Attorney(s) appearing for the Case

James H. Clarke, Portland, argued the cause for appellants. With him on the briefs was Spears, Lubersky, Bledsoe, Anderson, Young & Hilliard, Portland.

Karl G. Anuta, Portland, argued the cause for respondent Verne J. Boger, and Michael D. Royce, Portland, argued the cause for respondent Monte Irwin. With them on the brief was Donald B. Bowerman, Oregon City.

Before RICHARDSON, P.J., JOSEPH, C.J., and DEITS, J.

RICHARDSON, Presiding Judge.

In these consolidated actions, plaintiffs, who were tenants at an apartment complex, of which defendant Norris & Stevens is the managing agent and defendants Day are the resident managers, sought recovery for brain damage and other serious conditions that they allege were caused by concentrations of toxic metals in the hot water heaters and the water provided by defendants. The jury awarded compensatory and punitive damages to plaintiffs...

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