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KILMINSTER v. DAY MANAGEMENT CORP.

CC 9301-00574; CA A82220; SC S42217.

919 P.2d 474 (1996)

323 Or. 618

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

Supreme Court of Oregon.

Decided July 18, 1996.

Attorney(s) appearing for the Case

Tom Steenson, of Steenson & Schumann, P.C., Portland, argued the cause for petitioners on review. With him on the briefs was Zan Tewksbury.

Larry K. Amburgey, Portland, argued the cause for respondents on review. On the briefs were Howard Rubin and Patricia Ann Haim, Portland.

Richard S. Yugler, Portland, filed a brief on behalf of amicus curiae Oregon Trial Lawyers Association.

Jerald P. Keene, of Roberts, Reinisch, MacKenzie, Healey & Wilson, P.C., Portland, and Chess Trethewy, of Garrett, Hemann, Robertson, Paulus, Jennings & Comstock, P.C., Salem, filed a brief on behalf of amicus curiae Associated Oregon Industries.

Jonathan M. Hoffman and Julie K. Bolt, Portland, filed a brief on behalf of amicus curiae Oregon Association of Defense Counsel.

James W. Moller, Special Assistant Attorney General, with Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General, Salem, filed a brief on behalf of amicus curiae SAIF Corporation.

Jackie Sanders, Portland, filed a brief on behalf of amicus curiae Fred Tyacke.

Before CARSON, C.J., and GILLETTE, VAN HOOMISSEN, GRABER, and DURHAM, JJ.

GRABER, Justice.

This is an action involving claims for negligent wrongful death, intentional wrongful death, and violation of the Oregon Racketeer Influenced and Corrupt Organization Act (ORICO), brought against decedent's employer and that employer's president.

The individual plaintiffs are decedent's parents. Decedent's father is the personal representative of decedent's estate and is a plaintiff in that capacity. Decedent was an employee of defendant Day...

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