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YON v. STATE OF OREGON

9206-04092; CA A77861.

874 P.2d 1370 (1994)

128 Or. App. 155

Khy YON, Personal Representative of the Estate of James Khy Williams, Appellant, v. STATE of Oregon, Respondent.

Court of Appeals of Oregon.

Decided May 25, 1994.

Attorney(s) appearing for the Case

Kevin Keaney, Portland, argued the cause, for appellant. With him on the brief was Pozzi, Wilson, Atchison, O'Leary & Conboy, and with him on the reply brief was Pozzi, Wilson, Atchison, O'Leary & Conboy.

Stephanie S. Andrus, Salem, argued the cause, for respondent. With her on the brief were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen.

Before DEITS, P.J., and RIGGS and HASELTON, JJ.

DEITS, Presiding Judge.

Plaintiff appeals a judgment dismissing his complaint for failure to state ultimate facts sufficient to constitute a claim. ORCP 21A(8). We affirm.

Plaintiff is the father of eight-month-old James Khy Williams, deceased, and is the personal representative of his estate. Williams was killed when a car operated by Gutierrez left the road and struck him while he was sitting in a stroller located on the sidewalk. Gutierrez did not have...

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