PETERSON v. TEMPLE

CC 93-1490-E-1; CA A82008; SC S41805.

918 P.2d 413 (1996)

323 Or. 322

Jerry Wade PETERSON, Petitioner on Review. v. Edward Claude TEMPLE, Respondent on Review.

Supreme Court of Oregon.

Decided June 13, 1996.


Attorney(s) appearing for the Case

George W. Kelly, Eugene, argued the cause and filed the briefs for petitioner on review.

Robert H. Grant, Medford, argued the cause and filed the briefs for respondent on review.

James C. Egan, of Emmons, Kropp, Kryger, Alexander, Egan & Allen, P.C., Albany, filed a brief on behalf of amicus curiae Oregon Trial Lawyers Association.

Bruce Lee Schafer, Lake Oswego, filed a brief on behalf of amicus curiae Oregon State Bar Professional Liability Fund.


DURHAM, Justice.

The issue in this case is whether a plaintiff may maintain separate actions against the same defendant, one alleging injury to property and the other alleging injury to person, when both actions arise from the same wrongful act or omission. We hold that a plaintiff is barred, in that circumstance, from bringing separate actions for injury to property and to person. However, because that holding is contrary to two prior decisions of this court and...

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