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BAKR v. ELLIOTT

16-91-03846; CA A74986.

864 P.2d 1340 (1993)

125 Or. App. 1

Mary Abou BAKR, Personal Representative of the Estate of Michael Alan Wood, Appellant, v. Gordon W. ELLIOTT, Defendant, and The City of Eugene, Respondent.

Court of Appeals of Oregon.

Decided December 8, 1993.

Attorney(s) appearing for the Case

Les Swanson, Jr., Portland, argued the cause and filed the briefs for appellant.

Jens Schmidt, Eugene, argued the cause for respondent. With him on the brief was Harrang Long Watkinson Arnold & Laird, P.C.

Before ROSSMAN, P.J., RICHARDSON, C.J., and LEESON, J.

RICHARDSON, Chief Judge.

On June 20, 1990, while driving on Jefferson Street in Eugene, plaintiff's decedent was fatally injured when a large tree limb broke and fell on his pickup truck. In 1981, the city had inspected the tree, observed that it was in "fair condition,"1 and noted that it "needed work." However, the city's tree crew did not inspect or engage in any maintenance activity on the tree between 1981 and the time of the accident...

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