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KILMINSTER v. DAY MANAGEMENT CORP.

9301-00574; CA A82220.

890 P.2d 1004 (1995)

133 Or.App. 159

Virginia KILMINSTER, Curtis Irwin, Sr., and Curtis Irwin, Sr., as Personal Representative of the Estate of Curtis Irwin, Jr. (the decedent), Appellants, v. DAY MANAGEMENT CORPORATION, an Oregon corporation, dba Clackamas Communications, and Gordon Day, Respondents, and KSGO/KGON, Inc., a Washington corporation; Motorola, Inc., a Delaware corporation; and Skilling Ward Magnusson Barkshire, Inc., a Washington corporation, Defendants.

Court of Appeals of Oregon.

Decided February 22, 1995.

Attorney(s) appearing for the Case

Tom Steenson, Portland, argued the cause for appellants. With him on the brief were Michael Schumann, Terrance M. McCauley and Steenson & Schumann.

Howard Rubin, Portland, argued the cause for respondents. With him on the brief was Amburgey, Segel & Rubin, P.C.

Before RIGGS, P.J., and De MUNIZ and LEESON, JJ.

De MUNIZ, Judge.

Plaintiffs are the parents and personal representative of decedent, who was killed when he fell more than 400 feet while working inside the KGON tower. Defendant Day Management Corporation (DMC) was decedent's employer, and defendant Day is the president of DMC.1 Plaintiffs brought this action alleging, inter alia, a claim of negligence against DMC, a claim under ORS 656.156(2) that DMC deliberately intended to...

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