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SLAGLE v. HUBBARD

97-2136; A106008

29 P.3d 1195 (2001)

176 Or. App. 1

Charlotte T. SLAGLE, individually and as personal representative of the Estate of Richard Edwin Slagle, deceased, Appellant, v. David HUBBARD and Lori L. Hubbard, individually, and David Hubbard, as personal representative of Erik R. Hubbard, deceased, Defendants, and Jeffrey Painter, Marion H. Painter and Blake Charles Painter, a minor, Respondents.

Court of Appeals of Oregon.

Decided August 15, 2001.

Attorney(s) appearing for the Case

Maureen Leonard, Portland, argued the cause for appellant. On the opening brief, and with her on the reply brief, was Charles Robinowitz, Portland.

Thomas W. Brown, Portland, argued the cause for respondents. With him on the brief were Wendy M. Margolis and Cosgrave, Vergeer & Kester LLP, Portland.

Before LANDAU, Presiding Judge, and LINDER and BREWER, Judges.

LANDAU, P.J.

Plaintiff, acting for herself and as personal representative of the estate of her deceased husband, initiated this action for personal injury and wrongful death arising out of an automobile accident. Plaintiff's vehicle was struck by a truck driven by Erik R. Hubbard, with whom plaintiff alleged defendant Blake Charles Painter had been racing on a state highway. Plaintiff asserted a claim of negligence against Painter, a minor, and his parents. Defendants...

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