KASNICK v. COOKE

9009-05912; CA A71359.

842 P.2d 440 (1992)

116 Or. App. 580

Dennis KASNICK, Appellant, v. Kevin J. COOKE, Respondent.

Court of Appeals of Oregon.

Decided December 2, 1992.


Attorney(s) appearing for the Case

Ronald C. Hoover, Portland, argued the cause and filed the briefs for appellant.

G. Marts Acker, Portland, argued the cause for respondent. With him on the brief were William D. Okrent and Acker Okrent, Portland.

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


RICHARDSON, Presiding Judge.

Plaintiff brought this action to recover for injuries that allegedly resulted from defendant's negligence in striking plaintiff in the eye with his hand while the two were playing on opposing sides in a soccer game. The trial court granted defendant's motion for summary judgment on the theory that liability could only be predicated on intentional or reckless conduct under the circumstances. Plaintiff was given 20 days to replead. He declined...

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