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EAM ADVERTISING AGENCY, INC. v. HELIES

96C-10354; CA A94886.

954 P.2d 812 (1998)

152 Or. App. 482

EAM ADVERTISING AGENCY, INC., dba Budget Rent a Car, Respondent-Cross-Appellant, v. Cleriton HELIES, Appellant-Cross-Respondent, and Junien Ranis, Defendant.

Court of Appeals of Oregon.

Decided February 11, 1998.

Attorney(s) appearing for the Case

Brett Anderson, Certified Law Student, argued the Cause for appellant—cross-respondent. On the brief were Timothy B. O'Neill and O'Neill, Evans, Swogger & Cowan.

Clayton C. Patrick, Salem argued the Cause and filed the brief for respondent—cross-appellant.

Before WARREN, P.J., and EDMONDS and ARMSTRONG, JJ.

ARMSTRONG, Judge.

Defendant appeals a trial court ruling that a loss damage waiver that he purchased as part of a rental car agreement does not apply to relieve him of liability for damages to the rental car after the car was taken by a nonauthorized driver and damaged in an accident. Plaintiff cross-appeals, claiming that the trial court erred in not awarding it damages for the diminished value of the vehicle and attorney fees. We affirm on the appeal and reverse...

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