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WINFREY v. DOWNTOWN DELICATESSEN, INC.

9412-08239; CA A91202.

971 P.2d 476 (1998)

157 Or. App. 668

Rachael WINFREY, Appellant, v. DOWNTOWN DELICATESSEN, INC., an Oregon corporation, and Ted Papas, individually, Respondents, and Ted Papas and John Papatheodorou, dba Downtown Deli and Greek Cusina, Defendants.

Court of Appeals of Oregon.

Decided December 16, 1998.

Attorney(s) appearing for the Case

Michael H. Bloom, Portland, argued the cause for appellant. With him on the briefs was Michael H. Bloom, P.C.

Alan Gladstone, Portland, argued the cause for respondents. On the brief were Lindsey H. Hughes and Hallmark, Keating & Abbott, P.C.

Before De MUNIZ, Presiding Judge, and HASELTON and LINDER, Judges.

LINDER, J.

This is a personal injury action in which plaintiff sought damages for injuries she sustained from a blow to her jaw. While in a delicatessen, plaintiff and another customer became involved in an altercation. Defendant Ted Papas, an employee and co-owner of the delicatessen, intervened and, in responding to the altercation, struck plaintiff in the jaw. Plaintiff sued Papas for negligence and Downtown Delicatessen, Inc. (Delicatessen) for vicarious liability...

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