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NEWELL v. WESTON

9212-08470; CA A89561.

946 P.2d 691 (1997)

150 Or. App. 562

Frank L. NEWELL, Respondent-Cross-Appellant, v. James M. WESTON, Appellant-Cross-Respondent, and North Pacific Insurance Company, Defendant. James M. WESTON, Third-Party Plaintiff, v. NORTHWEST PUMP & EQUIPMENT COMPANY, Third-Party Defendant.

Court of Appeals of Oregon.

Decided October 15, 1997.

Attorney(s) appearing for the Case

Daniel E. O'Leary, Portland, argued the cause for appellant-cross-respondent. With him on the briefs were Darleen Darnall, Davis Wright Tremaine, Norman L. Lindstedt and Lindstedt & Buono, P.C.

Paul R. Duden, Portland, argued the cause for respondent—cross-appellant. With him on the briefs, were Michael J. Gentry and Tooze Shenker Duden Creamer Frank & Hutchison.

Before RIGGS, P.J., and LANDAU and LEESON, JJ.

LANDAU, Judge.

At issue in this case is whether a lessee of real property may be held liable for environmental remediation costs and other damages resulting from gasoline discharges and spills from an underground storage tank that occurred during the time that the lessee occupied the premises. Plaintiff, the lessor, contends that he is entitled to recover those costs from defendant,1 the lessee, based on theories of statutory strict liability...

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