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QUACKENBUSH v. PGE

9302-01248; CA A83375.

894 P.2d 535 (1995)

134 Or. App. 111

Melissa A. QUACKENBUSH, individually and as Personal Representative of the Estate of Gary D. Quackenbush, Deceased; and Aaron D. Quackenbush, by and through his Guardian Ad Litem, Melissa A. Quackenbush, Appellants, v. PORTLAND GENERAL ELECTRIC COMPANY, an Oregon corporation; and Asplundh Tree Expert Co., a Pennsylvania corporation, Respondents.

Court of Appeals of Oregon.

Decided April 26, 1995.

Attorney(s) appearing for the Case

Charles W. Carnese, Portland, argued the cause for appellants. With him on the briefs was Dan R. Hyatt.

Michael A. Lehner, Portland, argued the cause for respondent Portland General Electric Company. With him on the brief was Lehner, Mitchell, Rodrigues & Sears.

Edward S. McGlone, III, Portland, argued the cause and filed the brief for respondent Asplundh Tree Expert Co.

Before WARREN, P.J., and EDMONDS and ARMSTRONG, JJ.

EDMONDS, Judge.

Plaintiffs1 appeal from a summary judgment for defendants on their claims against Portland General Electric Company (PGE) and Asplundh Tree Expert Co. (Asplundh). We reverse in part.

A court shall grant summary judgment when there is no genuine issue as to any material fact, and the moving party is entitled to judgment as a matter of law. On review of a summary judgment, we examine the record in the light most favorable...

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