MAURI v. SMITH

90-0704234; CA A77516.

901 P.2d 247 (1995)

135 Or. App. 662

Sergio MAURI, Administrator of the Estate of Noraida Mauri, Deceased, Appellant, Sergio Mauri, Plaintiff, and Sergio Mauri, Jr., Plaintiff, v. Michael Steven SMITH, Capitol Investigation Company, Ltd., Eric D. Reiter, John C. Eckhart, William Walker, Nadine L. Bunch, Ernie F. Carneau, William M. Pace, Terry Lorz and The City of Portland, Respondents. Noraida MAURI, Plaintiff, Sergio Mauri, Respondent-Cross-Appellant, and Sergio Mauri, Jr., Plaintiff, v. Michael Steven SMITH, Capitol Investigation Company, Ltd., Eric D. Reiter, John C. Eckhart, William Walker, Nadine L. Bunch, Ernie F. Carneau, William M. Pace, Terry Lorz and The City of Portland, Appellants-Cross-Respondents.

Court of Appeals of Oregon.

Decided July 26, 1995.


Attorney(s) appearing for the Case

Robert J. Miller, Sr., Beaverton, argued the cause for Sergio Mauri, Adm'r. of the estate of Noraida Mauri, deceased, and respondent-cross-appellant Sergio Mauri. With him on the briefs were Brien F. Hildebrand and Moomaw, Miller & Reel.

Stephen P. McCarthy, Portland, argued the cause for respondents and appellants-cross-respondents Michael Steven Smith and Capitol Investigation Co., Ltd. On the brief of respondents-cross-appellants Smith and Capitol Investigation, Ltd., were John Folawn, Martin W. Jaqua and Holmes, Folawn & Rickles. On the respondent's brief of Smith and Capitol Investigation Co., Ltd., and reply brief of cross-appellants Smith and Capitol Investigation Co., Ltd., were John Folawn, Stephen P. McCarthy and Lane Powell Spears Lubersky.

Harry M. Auerbach, Deputy City Atty., argued the cause and filed the briefs for respondents and appellants—cross-respondents Eric D. Reiter, John C. Eckhart, William Walker, Nadine L. Bunch, Ernie F. Carneau, William M. Pace, Terry Lorz and the City of Portland.

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


HASELTON, Judge.

This case encompasses three appeals and a cross-appeal from a judgment that adjudicated plaintiffs'1 claims for invasion of privacy, intentional infliction of emotional distress, assault, battery, civil rights violations, and an amended appeal from a supplemental judgment for statutory attorney's fees. Those claims all arose from defendant Michael Smith's failed attempt to serve a complaint and summons on Sergio Mauri...

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