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SHERWOOD v. ODOT

(C950628CV; CA A98350)

11 P.3d 664 (2000)

170 Or. App. 66

David SHERWOOD, Noralee Sherwood and David Sherwood, as Guardian Ad Litem of Nathan D. Sherwood, a Minor, Appellants, v. OREGON DEPARTMENT OF TRANSPORTATION, Respondent.

Court of Appeals of Oregon.

Decided September 27, 2000.

Attorney(s) appearing for the Case

Ben Shafton argued the cause for appellants. With him on the brief was Morse & Bratt.

Jas. Adams, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

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

HASELTON, J.

Plaintiffs Noralee, David, and Nathan Sherwood1 appeal from a judgment in favor of defendant Oregon Department of Transportation (ODOT), in a tort action arising out of an automobile accident. Plaintiffs assign error to the trial court's grant of ODOT's motion for summary judgment and argue, specifically, that the court erred in holding that: (1) Noralee's negligence claim was barred by both issue preclusion and claim preclusion...

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