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MITCHELL v. THE TIMBERS

(97-CV-0169-ST; CA A103184)

987 P.2d 1236 (1999)

163 Or. App. 312

Steven N. MITCHELL, Appellant, v. THE TIMBERS, Respondent.

Court of Appeals of Oregon.

Decided October 13, 1999.

Attorney(s) appearing for the Case

Warren John West, Bend, argued the cause and filed the briefs for appellant.

Robert L. Nash, Bend, argued the cause and filed the brief for respondent.

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

De MUNIZ, P.J.

Plaintiff appeals from the trial court's judgment dismissing this personal injury action with prejudice. We reverse.

Plaintiff was injured on November 17, 1995 when he was assaulted by two patrons in The Timbers, a tavern in Bend. On April 2, 1997, plaintiff filed a complaint, seeking damages for negligence, that named "THE TIMBERS" as the only defendant. The Timbers (defendant) is an assumed business name, see ORS 648.005(1), registered...

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