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McCULLOCH v. PRICE WATERHOUSE LLP

9508-05814; CA A95172.

971 P.2d 414 (1998)

157 Or. App. 237

Jo RR McCULLOCH, Personal Representative and Beneficiary of the Estate of Ladelle K. McCulloch, Respondent-Cross-Appellant, v. PRICE WATERHOUSE LLP, a Delaware general limited liability partnership, and David G. Efurd, Appellants-Cross-Respondents, and Timothy R. Slapnicka, Donald L. Irving, John Kretchmer, Bruce Shepherd, and Roy E. Stowd, Jr., dba Price Waterhouse, an Oregon partnership, Defendants.

Court of Appeals of Oregon.

Decided November 25, 1998.

Attorney(s) appearing for the Case

Per A. Ramfjord, Portland, argued the cause for appellants—cross-respondents. With him on the briefs were Keith M. Garza, Hilary K. Krane, Charles F. Adams and Stoel Rives LLP.

Michael A. Lehner, Portland, argued the cause for respondent—cross-appellant. With him on the briefs was Lehner, Mitchell, Rodrigues & Sears.

Before WARREN, Presiding Judge, and EDMONDS and ARMSTRONG, Judges.

EDMONDS, J.

This appeal by defendants is from a judgment for plaintiff for damages for accounting malpractice. Defendants assign error, in part, to the trial court's failure to submit to the jury all of defendants' allegations against plaintiff of comparative fault and the failure to mitigate damages. Also, defendants assign error to the trial court's failure to rule that the recovery of damages for interest is precluded as a matter of law. Plaintiff cross-appeals...

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