BROWN v. PETTINARI

(96-CV-0099-ST; CA A100218)

994 P.2d 1231 (2000)

165 Or. App. 279

Douglas Gerard BROWN and Bettina Marie Brown, Appellants, v. Colleen Elaine PETTINARI, Larry D. Smith, Defendants, and Westspan Hauling, Inc., a Washington corporation, Respondent.

Court of Appeals of Oregon.

Decided January 26, 2000.


Attorney(s) appearing for the Case

Gregory P. Lynch, Bend, argued the cause for appellants. With him on the briefs were Stanley D. Austin, Bend, and Hurley, Lynch & Re, P.C.

James G. Breathouwer, Portland, argued the cause for respondent. With him on the brief were Ridgway K. Foley, Jr., Portland, Breathouwer & Gilman and Greene & Markley, P.C.

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


KISTLER, J.

The trial court ruled, on summary judgment, that defendant Westspan Hauling, Inc., was neither vicariously liable for defendant Colleen Pettinari's negligence nor independently negligent for hiring or failing to train her. The court accordingly entered judgment in Westspan's favor. We affirm in part, reverse in part, and remand.

Because this case arises on Westspan's motion for summary judgment, we state the facts in the light most favorable to...

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