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MANN v. DEPT. OF TRANSPORTATION

89-2161; CA A67598.

856 P.2d 1055 (1993)

122 Or. App. 628

James C. MANN, as the Personal Representative of the Estate of Linda Ruth Mann, Deceased, and James C. Mann, Guardian Ad Litem for Brian Joseph Mann, Appellant, v. DEPARTMENT OF TRANSPORTATION, an Agency of the State of Oregon, Respondent.

Court of Appeals of Oregon.

Decided August 25, 1993.

Attorney(s) appearing for the Case

Robert J. Miller, Sr., Brien F. Hildebrand and Moomaw, Miller & Reel, Beaverton, for appellant.

Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., and Kaye E. Sunderland, Asst. Atty. Gen., Salem, for respondent.

Before Rossman, P.J., and DE MUNIZ and LEESON, JJ.

PER CURIAM.

This case is before us on remand from the Supreme Court, which reversed our previous decision, 114 Or.App. 562, 566, 836 P.2d 1353 (1992), and directed that we further consider the case in the light of Perez v. Bay Area Hospital, 315 Or. 474, 846 P.2d 405 (1993). Mann v. Department of Transportation,

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