ROBERTS v. FEAREY

(9612-09796; CA A99747)

986 P.2d 690 (1999)

162 Or. App. 546

Harley C. ROBERTS, Jr., successor trustee of the C.A. Dillinger Marital Trust and C.A. Dillinger Residual Trust, Appellant, v. Ross A. FEAREY, Respondent. and Hiliary H. Turner, Defendant.

Court of Appeals of Oregon.

Decided September 15, 1999.


Attorney(s) appearing for the Case

Kevin O'Connell, Portland, argued the cause for appellant. With him on the briefs was Kevin O'Connell, P.C.

Jonathan M. Radmacher, Portland, argued the cause for respondent. With him on the brief was McEwen, Gisvold, Rankin, Carter & Streinz, LLP.

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


LINDER, J.

The issue before us is whether a trustee's attorney can be liable to the beneficiaries of the trust for legal malpractice. Plaintiff appeals from summary judgment entered in defendant's favor and argues that the trial court should have applied the general foreseeability test for negligence and should not have taken a "policy approach" to declining to recognize a basis for malpractice liability under the circumstances of this case. We hold that defendant...

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