RUTTER v. NEUMAN

974974L2; A115627.

71 P.3d 76 (2003)

188 Or. App. 128

Timothy RUTTER and Joanne Rutter, Respondents-Cross-Appellants, v. Douglas NEUMAN and Mountain Park Development, Defendants, and City of Ashland, Appellant-Cross-Respondent.

Court of Appeals of Oregon.

June 12, 2003.


Attorney(s) appearing for the Case

Gerald L. Warren argued the cause and filed the briefs for appellant-cross-respondent.

Lee S. Werdell argued the cause for respondents-cross-appellants. With him on the brief was Werdell & Hanson.

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


LANDAU, P.J.

Defendant City of Ashland (city) appeals a judgment in favor of plaintiffs on their claim of negligence arising out of a landslide that damaged their property. The city argues that, among other things, the trial court should have entered a directed verdict in its favor because the claim is barred by applicable statutes of ultimate repose. Plaintiffs cross-appeal, arguing that the trial court erred in limiting the city's liability in accordance with the...

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