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BARACKMAN v. ANDERSON

(CC 9908-08315; CA A112472; SC S51462).

109 P.3d 370 (2005)

338 Or. 365

Deanna BARACKMAN, Petitioner on Review, v. Anthony ANDERSON, Respondent on Review.

Supreme Court of Oregon, En Banc.

Decided March 31, 2005.

Attorney(s) appearing for the Case

Williard E. Merkel, of Merkel & Associates, Portland, argued the cause and filed the petition for petitioner on review.

Thomas Christ, of Cosgrave, Vergeer & Kester LLP, Portland, argued the cause and filed the briefs for respondent on review.

Meagan A. Flynn, Portland, filed briefs on behalf of amicus curiae Oregon Trial Lawyers Association.

De MUNIZ, J.

The issue in this case is whether a decision in a personal injury protection (PIP) arbitration should be given preclusive effect in a subsequent civil action.1 Plaintiff claimed dental injuries arising out of a vehicle collision and sought PIP benefits from her own insurer. An arbitration panel concluded that the collision did not cause plaintiff's dental injuries.

Plaintiff...

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