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RODRIGUEZ v. THE HOLLAND, INC.

(CC 96-07-05514; CA A98544; SC S45440)

980 P.2d 672 (1999)

328 Or. 440

Sydney RODRIGUEZ, by her guardian ad litem, Gina RODRIGUEZ, Petitioner on Review, v. THE HOLLAND, INC., a Washington corporation, doing business as Burgerville USA, Respondent on Review. The Holland, Inc., a Washington corporation, doing business as Burgerville USA, Third-Party Plaintiff, v. Kim Frosaker, an individual, Third-Party Defendant.

Supreme Court of Oregon, En Banc.

Decided April 29, 1999.

Attorney(s) appearing for the Case

John S.J. Marandas, of Marandas & Perdue, Portland, argued the cause and filed the briefs for petitioner on review.

Michael J. Gentry, of Tooze Duden Creamer Frank & Hutchison, Portland, argued the cause and filed the brief for respondent on review.

LEESON, J.

In this negligence action for personal injuries that plaintiff sustained at defendant's playground, the issue is whether plaintiff, who prevailed on her claim, is entitled to an award of attorney fees. The trial court vacated the arbitrator's award of fees, and the Court of Appeals affirmed. Rodriguez v. The Holland, Inc., 153 Or.App. 701, 957 P.2d 203 (1998). We conclude that...

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