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MILLER v. SALEM MERCHANT PATROL, INC.

(96C-14206; CA A100735)

995 P.2d 1206 (2000)

165 Or. App. 266

Larry MILLER, Appellant, v. SALEM MERCHANT PATROL, INC., Respondent.

Court of Appeals of Oregon.

Decided January 26, 2000.

Attorney(s) appearing for the Case

Victor C. Pagel, Salem, argued the cause and filed the briefs for appellant.

Thomas W. Brown, Portland, argued the cause for respondent. With him on the brief were Sherrill L. Dye and Cosgrave, Vergeer & Kester.

Before EDMONDS, Presiding Judge, and ARMSTRONG and KISTLER, Judges.

KISTLER, J.

On summary judgment, the trial court ruled that defendant Salem Merchant Patrol, Inc., was not vicariously liable for its employee's assault on plaintiff. The court accordingly entered judgment in defendant's favor. We affirm.

Because this case arises on defendant's summary judgment motion, we state the facts in the light most favorable to plaintiff. See Olson v. F & D Publishing Co., Inc., 160 Or.App. 582

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